14. Conditions subject to which service qualifies:-
(1) The service of a Government servant shall not qualify unless his duties and pay are regulated by the Government or under conditions determined by the Government. (2) For the purposes of sub-rule (1), the expression service means service under the Government and paid by the Government from the consolidated fund of the State but does not include service in a nonpensionable establishment unless such service is treated as qualifying service by the Government. 1[Note :- 2[(1)] The service of a Government servant in an establishment paid from the house hold allowance of the Governor including the service rendered prior to 2nd June, 1960, shall qualify for pension provided the retirement of such Government servant is on or after 2nd June, 1960.] 3[Note :- (2) The service rendered by an employee for unaided periods in a teaching or non-teaching post in Aided Educational Institutions shall not qualify for pension.] Executive Instructions (i) Counting of full time contingent service: (a) All full time contingent posts which were in existence for a period of 10 years or more and are required to be retained on a permanent basis, should be converted into regular Government posts in the last grade service w.e.f. 1-2-1980. (G.O. Ms. No.38, Fin. & Plg. (FW:PRC-IV) Dept., dated 1-2-1980) (b) All full time contingent posts which were in existence for a period of 5 years or more as on 1-4-1981, and which are required to be continued on permanent basis, have to be converted into regular Government posts in the last grade service w.e.f. 1-4-1981. (G.O. Ms. No.9, Fin. & Plg. (FW:PRC.VI) Dept., dated 8-1-1981)
(c) (i) No separate orders need be issued by the Government in General Administration Department relaxing any rule of A.P. Last Grade Service Rules and that the Heads of the Departments may themselves issue orders by virtue of the powers vested in them under Rule 27 of A.P. Last Grade Service Rules relaxing relevant rules relating to age etc., wherever necessary for absorption of contingent staff in the posts converted into Class IV posts as per G.O. Ms. No.38, Fin. & Plg. (FW:PRC-IV) Dept., dated 1-2-1980 and G.O. Ms. No.9, Fin. & Plg. (FW-PRC.VI) Dept., dated 8-1-1981. (ii) It is also not necessary to intimate, the vacancies caused consequent on such conversion of contingent posts, to the Employment Exchange. (GMNo.422/SM/80-9, dated 8-5-1991 of Genl. Admn. Dept.) (d) The pre-absorption service of all full time contingent employees converted as last grade servants in accordance with G.O. Ms. No.38, Fin.& Plg. (FW:PRC.IV) Dept., dated 1-2-1980 and G.O. Ms. No.9, Fin. & Plg. (FW: PRC.VI) Dept., dated 8-1-1981 will also count as qualifying service for pensionary benefits in relaxation of Article 361 of Civil Service Regulations - w.e.f. 1-4-1981. (G.O. Ms. No.156, Fin.& Plg. (FW:Pen.I) Dept., dated 29-4-1983) (ii) Counting of service of Work charged employees :- (a) All work charged employees who have completed 10 years of total service will be regarded as Government servants w.e.f. 29-3-1979 or from the date as and when they complete ten years of total service, excluding breaks, provided the breaks in any spell does not exceed six months. All the work charged employees have to exercise option either to become Government servants or to continue as work charged employees. (G.O. Ms. No.130, I & P (Ser.V) Dept., dated 18-3-1981) (b) The work charged employees who have completed 10 years of service and opted to become Government servants are eligible for pensionary benefits under A.P. Revised Pension Rules, 1980. (G.M. No.1464/Ser-V/2/87-1, I & P Dept., dated 23-11-1982) (c) The pre-absorption service of all work charged employees who have become Government servants on or after 29-3-1979, be counted as qualifying service for purposes of pensionary benefits in relaxation of Article 361 of Civil Service Regulations. (G.O. Ms. No.168, Irrigation (Ser.V) Dept., dated 3-4-1984) (iii) Pensionary liability of the employees of former District Boards taken over by Government : The pensionary liability on account of the former District Board employees taken over to the erstwhile Highways Department, including the share relatable to their service under the former District Board be borne in full by Government. (G.O. Ms. No.29, TR&B (S II) Dept., dated 24-1-1985) (iv) Counting of service prior to regularisation of services in terms of G.O.Ms.No. 212 Fin & Plg (FW-P.C III) Dept dt. 22-4-94 In G.O.Ms.No. 212 Fin & Plg (FW P.C.III) Department., dt 22-4- 1994 conditions for regularising of services of Daily wage emlployees /N.M.Rs employees have been prescribed by the government including issue of orders of regularisation of services in such cases only from date of the issue of such order making with prospective. Hence counting of services for pension and any other purposes rendered prior to the effecitive date of regularisation can not be entertained. [Govt.Memo.No. 573/225/A3/PC. III/97 dated 1-9-97 of F&P Department.] v) Condition for Counting of pre-absorbed service of work charged employees for the purpose of pension : The work charged employees who opted to became Government employees on completion of 10 years of total service and on permission shall exercise their option to enable the pension sanctioning authority to count the pre-absorption period as qualified service for purpose of pensionary benefits by authorising the head of the department to remit the accured amount of the employer’s share under E.P.F scheme to the government account pertaining to the pre-absorption period. Therefore it is incumbant on the part of the head of the department to append a certificate in the S.R to the effect that the individual has excerised an option in terms of the G.O.Ms.No.212, I&P Department, dt. 29-3-79 and G.O.Ms.No.130, I&P Department. dt. 18-3-81 that his preworkcharged establishment service is permissible to be counted for purpose of pension. The Regional provident fund commissioner shall be requested for refund of the employer’s share in E.P.F if it has been remitted by the head of the department and to credit the same to government account. Where no refund of the E.P.F has been made, there is no question of counting the prework charged establishment service. From the date of such remitance only, regularisation will be considered and come to effect. [Govt.Cir.Memo.No. 1941-A/31/A2/Pen.I/97 dt. 3-10-97 of Fin & Plg (FW-Pen.I) Dept.]
(1) The service of a Government servant shall not qualify unless his duties and pay are regulated by the Government or under conditions determined by the Government. (2) For the purposes of sub-rule (1), the expression service means service under the Government and paid by the Government from the consolidated fund of the State but does not include service in a nonpensionable establishment unless such service is treated as qualifying service by the Government. 1[Note :- 2[(1)] The service of a Government servant in an establishment paid from the house hold allowance of the Governor including the service rendered prior to 2nd June, 1960, shall qualify for pension provided the retirement of such Government servant is on or after 2nd June, 1960.] 3[Note :- (2) The service rendered by an employee for unaided periods in a teaching or non-teaching post in Aided Educational Institutions shall not qualify for pension.] Executive Instructions (i) Counting of full time contingent service: (a) All full time contingent posts which were in existence for a period of 10 years or more and are required to be retained on a permanent basis, should be converted into regular Government posts in the last grade service w.e.f. 1-2-1980. (G.O. Ms. No.38, Fin. & Plg. (FW:PRC-IV) Dept., dated 1-2-1980) (b) All full time contingent posts which were in existence for a period of 5 years or more as on 1-4-1981, and which are required to be continued on permanent basis, have to be converted into regular Government posts in the last grade service w.e.f. 1-4-1981. (G.O. Ms. No.9, Fin. & Plg. (FW:PRC.VI) Dept., dated 8-1-1981)
(c) (i) No separate orders need be issued by the Government in General Administration Department relaxing any rule of A.P. Last Grade Service Rules and that the Heads of the Departments may themselves issue orders by virtue of the powers vested in them under Rule 27 of A.P. Last Grade Service Rules relaxing relevant rules relating to age etc., wherever necessary for absorption of contingent staff in the posts converted into Class IV posts as per G.O. Ms. No.38, Fin. & Plg. (FW:PRC-IV) Dept., dated 1-2-1980 and G.O. Ms. No.9, Fin. & Plg. (FW-PRC.VI) Dept., dated 8-1-1981. (ii) It is also not necessary to intimate, the vacancies caused consequent on such conversion of contingent posts, to the Employment Exchange. (GMNo.422/SM/80-9, dated 8-5-1991 of Genl. Admn. Dept.) (d) The pre-absorption service of all full time contingent employees converted as last grade servants in accordance with G.O. Ms. No.38, Fin.& Plg. (FW:PRC.IV) Dept., dated 1-2-1980 and G.O. Ms. No.9, Fin. & Plg. (FW: PRC.VI) Dept., dated 8-1-1981 will also count as qualifying service for pensionary benefits in relaxation of Article 361 of Civil Service Regulations - w.e.f. 1-4-1981. (G.O. Ms. No.156, Fin.& Plg. (FW:Pen.I) Dept., dated 29-4-1983) (ii) Counting of service of Work charged employees :- (a) All work charged employees who have completed 10 years of total service will be regarded as Government servants w.e.f. 29-3-1979 or from the date as and when they complete ten years of total service, excluding breaks, provided the breaks in any spell does not exceed six months. All the work charged employees have to exercise option either to become Government servants or to continue as work charged employees. (G.O. Ms. No.130, I & P (Ser.V) Dept., dated 18-3-1981) (b) The work charged employees who have completed 10 years of service and opted to become Government servants are eligible for pensionary benefits under A.P. Revised Pension Rules, 1980. (G.M. No.1464/Ser-V/2/87-1, I & P Dept., dated 23-11-1982) (c) The pre-absorption service of all work charged employees who have become Government servants on or after 29-3-1979, be counted as qualifying service for purposes of pensionary benefits in relaxation of Article 361 of Civil Service Regulations. (G.O. Ms. No.168, Irrigation (Ser.V) Dept., dated 3-4-1984) (iii) Pensionary liability of the employees of former District Boards taken over by Government : The pensionary liability on account of the former District Board employees taken over to the erstwhile Highways Department, including the share relatable to their service under the former District Board be borne in full by Government. (G.O. Ms. No.29, TR&B (S II) Dept., dated 24-1-1985) (iv) Counting of service prior to regularisation of services in terms of G.O.Ms.No. 212 Fin & Plg (FW-P.C III) Dept dt. 22-4-94 In G.O.Ms.No. 212 Fin & Plg (FW P.C.III) Department., dt 22-4- 1994 conditions for regularising of services of Daily wage emlployees /N.M.Rs employees have been prescribed by the government including issue of orders of regularisation of services in such cases only from date of the issue of such order making with prospective. Hence counting of services for pension and any other purposes rendered prior to the effecitive date of regularisation can not be entertained. [Govt.Memo.No. 573/225/A3/PC. III/97 dated 1-9-97 of F&P Department.] v) Condition for Counting of pre-absorbed service of work charged employees for the purpose of pension : The work charged employees who opted to became Government employees on completion of 10 years of total service and on permission shall exercise their option to enable the pension sanctioning authority to count the pre-absorption period as qualified service for purpose of pensionary benefits by authorising the head of the department to remit the accured amount of the employer’s share under E.P.F scheme to the government account pertaining to the pre-absorption period. Therefore it is incumbant on the part of the head of the department to append a certificate in the S.R to the effect that the individual has excerised an option in terms of the G.O.Ms.No.212, I&P Department, dt. 29-3-79 and G.O.Ms.No.130, I&P Department. dt. 18-3-81 that his preworkcharged establishment service is permissible to be counted for purpose of pension. The Regional provident fund commissioner shall be requested for refund of the employer’s share in E.P.F if it has been remitted by the head of the department and to credit the same to government account. Where no refund of the E.P.F has been made, there is no question of counting the prework charged establishment service. From the date of such remitance only, regularisation will be considered and come to effect. [Govt.Cir.Memo.No. 1941-A/31/A2/Pen.I/97 dt. 3-10-97 of Fin & Plg (FW-Pen.I) Dept.]