CALENDAR-2017 is published
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Supreme Court of India
High Court of Andhra Pradesh
The Administrative Tribunals Act,1985
The Administrative Tribunals (Amendments) Act, 2006
APAT (Procedure) Rules, 1989
APAT Practise Rules, 1995
Contempt of Courts Act, 1971
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DEPARTMENTAL MANUAL OF A.P.ADMINISTRATIVE TRIBUNAL
CHAPTER – I: ORIGIN OF THE TRIBUNAL
The State of Andhra Pradesh was rocked by two agitations: Telangana agitation during year 1969 and Andhra agitation in 1972. As a result of the above two agitations, a `Six Point Formula' was evolved by the leaders of Andhra Pradesh in consultation with Central leaders during 1973 – in order to remove misgivings then prevailing about future of the State. The formula was intended to indicate basic approach to promote accelerated development of backward areas, a balanced development of the State as a whole and to provide equitable opportunities to different areas of the State in the matter of education, employment and career prospects in public services with a view to achieve a fuller emotional integration of the people of Andhra Pradesh. So far as public employment i the State was concerned, it was suggested in the formula to organise “Local Cadres” to the extent possible on appropriate local basis upto a specified gazetted level besides having preference to local candidates for other subordinate posts on a percentage basis. It was further suggested among other things that: “A high powered Administrative Tribunal should be constituted to deal with the grievances of services regarding appointments, seniority, promotion and other allied matters. The decision of the Tribunal should ordinarily be binding on the State Government. The constitution of such a Tribunal would justify limits on recourse to judiciary in such matters”. In order to give effect to the above guidelines, the constitution of India was amended through the Constitution (Thirty Second Amendment) Act, 1973, and Article 371-D was inserted. In pursuance of Article 371-D of the Constitution, the President of India issued the Andhra Pradesh Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order, 1975 (called as the Presidential Order 1975) and also Andhra Pradesh Administrative Tribunal Order, 1975 constituting an Administrative Tribunal to adjudicate service disputes of the State Government employees and matters concerning public employment. It is significant to note that clause (1) and (2) of Article 371-D deal with organisation of “Local Cadres” by the State for removal of regional imbalances in matters of public employment and other related matters. Clause (3) of Article 371-D enables and empowers the President of India for the constitution of an Administrative Tribunal for the State of Andhra Pradesh to exercise such jurisdiction, powers and authority (including any jurisdiction, power and authority which immediately before the commencement of the Constitution (Thirty Second Amendment) Act, 1973, was exercisable by any Court (Other than the Supreme Court) or by any Tribunal or authority) as may be specified in the order to deal with and adjudicate disputes relating to appointment, promotions, seniority and other service matters of the State Government employees and local body employees. As a result of the above provisions the “Andhra Pradesh Administrative Tribunal”,was constituted by virtue of a special order issued by the President of India called as “the Andhra Pradesh Administrative Tribunal Order, 1975”. The A.P. Administrative Tribunal so constituted started its functioning in August, 1976. Initially, it was headed by a Chairman ( a sitting Judge of a High Court at the time of appointment) and two Members belonging to Indian Administrative Service (Retired). Para (3) of the Administrative Tribunal Order, 1975, envisaged that the Chairman shall be a person who, at the time of his appointment to the Tribunal, was a Judge of a High Court and the other Members shall be persons having knowledge of public administration or law. Accordingly Hon'ble Shri Justice C.V.Rane, a sitting Judge of Gujarat High Court was appointed as the first Chairman of the Tribunal along with Sri Govind Narain, a retired I.C.S. Officer and Sri Kartar Singh, a retired I.A.S. Officer as Members. On account of establishment of the Andhra Pradesh Administrative Tribunal under Article 371-D of the Constitution of India, the jurisdiction of hitherto exercised by the Civil Courts in the State and the High Court of Andhra Pradesh in relation to service disputes of the State Government employees was divested and conferred on the A.P.Administrative Tibunal. The A.P.Administrative Tribunal so constituted dealt with Representation Petitions (called as R.Ps.) directly filed by aggrieved employees before it under para 7 of A.P.A.T., Order, 1975 (original jurisdiction) and also Writ Petitions (re-numbered as Tr.W.Ps.), suits and appeals transferred by the A.P.High Court and Subordinate Courts, respectively.The cases before the Tribunal were heard and decided by Full Benches, Division Benches and Single Benches as per subject-wise and department-wise distribution read with provisions of the A.P.A.T. Order, 1975. The Tribunal had also organised Circuit benches (Camp Courts) at District Head Quarters i.e., at Srikakulam, Guntur and Rajahmundry in order to dispose of original suits and appeals transferred from Civil Courts of the State. The strength of Members including the Chairman was increased to 5 (five) during the year 1981-1982 by sanctioning two additional posts of Members by the Union Government. 1. STAFF OF THE TRIBUNAL : The posts of Registrar, Dy. Registrar, Asst. Registrar, S.Os / Court Officers, P.As/Court Masters, Senior Assistants and Junior Assistants were filled up by appointment by transfer/deputation from the corresponding cadres of the High Court and subordinate courts besides direct recruitment to initial cadre posts like Junior Assistants, Typists etc., It is also significant to note that the Chairman and Members appointed to the Tribunal constituted under Article 371-D were always out-siders belonging to other States. The Tribunal constituted under Article 371-D functioned upto 31-10-1989 till it was abolished by the President of India by invoking the provisions of Clause (8) of Article 371-D, in view of the State Government's option to have a new Tribunal constituted under Article 323-A read with the Administrative Tribunals Act, 1985. 2. EXISTING STRUCTURE : Before embarking on the existing origin and structure of the A.P.Administrative Tribunal constituted under the Administrative Tribunals Act, 1985, it is useful to record the events that emerged for the enactment of Administrative Tribunals Act, 1985 by the Union Government. The pattern and constitution of the A.P.Administrative Tribunal under Article 371-D has given enough thought to the Government of India to insert Article 323-A in the Constitution of India for making provisions for establishment of Tribunals all over the country for speedy adjudication of service matters relating to Central and State Government employees, besides lessening the burden of the High Courts of various States. By the Constitution (Forty Second Amendment) Act, 1976, Article 323-A was inserted divesting powers of adjudication of disputes relating to recruitment and conditions of service of persons appointed to public service from civil courts and the High Court and vesting it in an Administrative Tribunal. In pursuance of Article 323-A of the Constitution, a Bill was introduced in the Parliament and The Administrative Tribunals Act,1985 was enacted, paving way for establishment of an Administrative Tribunal for Central Government employees and separate Administrative Tribunals for different States at their option.Accordingly,Central Administrative Tribunal (CAT) was established for the Central Government employees for adjudication of their service disputes with its Principle Bench in New Delhi and Benches in the States.Certain State Governments have also established State Tribunals under the Administrative Tribunals Act, 1985. The very fact that a team of higher officials of the Home Ministry of the Union Government visited the A.P.Administrative Tribunal constituted under Article 371-D, studied its functioning and adopted similar format in relation to court business and Registry's functioning, is a proof positive that the erstwhile A.P,.Administrative Tribunal constituted under Article 371-D had inspired the authorities concerned and formed as a path finder for enactment of Administrative Tribunals Act, 1985. After abolition of the A.P.Administrative Tribunal constituted under Article 371-D of the Constitution of India, w.e.f., 31-10-1989, a new Tribunal was re-constituted under the `Administrative Tribunals Act, 1985' for the State of Andhra Pradesh as the State Government opted for it. The new Tribunal came into existence w.e.f., 01-11-1989 in pursuance of extension of the provisions of the Administrative Tribunals Act, 1985, to the State of Andhra Pradesh by the President of India vide Govt. of India Notification No.21013/13/87-SP, Ministry of Home Affairs dt:25.10.1989. The new Tribunal headed by Sri K.S.Putta Swamy, a retired Judge of Karnataka High Court as its first Chairman, Sri N.Subba Raju and Sri K.Subrahmanyam as Judicial and Administrative Members, respectively, started its functioning from November, 1989. By virtue of provisions contained in Section-29 of the Administrative Tribunals Act, 1985, all the cases pending before the erstwhile Tribunal (constituted under Article 371-D) stood transferred to the Tribunal for adjudication.Thus the new Tribunal started its functioning initially by adjudicating the transferred cases (Representation Petitions) and fresh O.As. (Original Applications) filed before it under Section 19 of the Administrative Tribunals Act, 1985.
CHAPTER-2:EVOLUTION OF THE A.P.ADMINISTRATIVE TRIBUNAL CONSTITUTED UNDER THE ADMINISTRATIVE TRIBUNALS ACT,1985
EVOLUTION OF THE A.P.ADMINISTRATIVE TRIBUNAL CONSTITUTED UNDER THE ADMINISTRATIVE TRIBUNALS ACT,1985 The A.P.Administrative Tribunal, Hyderabad, reconstituted under Section 4(2) of he Administrative Tribunals Act, 1985, started its functioning with effect from 1.11.1989 initially with a Chairman and two Members. Subsequently, the strength of the members was increased, from time to time, in view of the increase in filing of cases in order to clear the pendency of cases and also to have a full fledged form for which the Tribunal was established under the Administrative Tribunals was established under the Administrative Tribunals Act, 1985. Section 5 of the Administative Tribunals Act envisages that “each Tribunal shall consists of a Chairman and such number of Vice Chairmen, Judicial and Administrative Members as the appropriate Government may deem fit and subject to the other provisions of the Act, the jurisdiction, powers and authority of the Tribunal may be exercised by Benches thereof ”. The following are the details in relation to sanction of posts of Members, from time to time, after formation of the new Tribunal. INITIAL STRENGTH AT THE TIME OF CONSTITUTION OF THE NEW TRIBUNAL W.E.F. 01.11.1989 1.Chairman (One) 2.Member (Judicial) -- One Post 3.Member (Admnv.) -- One Post SUBSEQUENT SANCTION OF ADDITIONAL POSTS 4.Member (Admnv.) -- One Post w.e.f. 21.02.1991 5.Vice Chairman -- One Post w.e.f. 16.11.1991 6.Member(Judicial) -- One Post w.e.f. 16.11.1991 7.Member(Administrative) -- One Post w.e.f. 18.11.1991 8.Member(Judicial) -- One Post w.e.f. 30.11.1991 9.Member(Administrative) -- One Post w.e.f. 17.05.1993 10.Member(Administrative)-- One Post w.e.f. 11.12.1993 An additional Bench was sanctioned vide G.O.Ms.No.32, G.A(SPF.B)Department, Government of Andhra Pradesh, dated 20.01.1994 by up-grading one post of Member(Judicial) (existing as on that day) as Vice Chairman w.e.f., 11.12.1993 besides sanctioning of one post of Member(Administrative) as shown at Sl.No.10. With the above sanctioned strength of Chairman, Vice Chairmen and Members, the Tribunal has now been functioning with 5 (Five) Benches, consisting of two Members for each Bench (including Chairman and Vice Chairman). As per Section 5(2) of the “Administrative Tribunal's Act, 1985, subject to other provisions of the Act, a Bench shall consist of one Judicial Member and one Administrative Member. Every case filed/pending before the Tribunal shall have to be decided by a Division Bench, except those cases which are classified as cases (according to the subject matter involved) to be heard by a Single Member in terms of the orders issued by the Chairman by invoking the provisions contained under Section 5(6) of the Administrative Tribunal Act, 1985. The Chairman of the Tribunal is also competent to formulate `Full Benches' (consisting of not less than three members) under 5(4) (d) of the Act, read with Rule 15 of A.P.A.T. (Procedure) Rules, 1989 if the question involved in a particular case required a decision by a Full Bench.
Concept,constitution and functioning of the Tribunals established under the Administrative Tribunals Act, 1985, all over India, including the State of Andhra Pradesh though largely remained unchanged, the exclusive jurisdiction hitherto enjoyed by the Tribunals in service matters de hors the High Courts was put at stop partially by the Supreme Court of India in its landmark judgement in `L.Chandra Kumar Vs. Union of India' and others. In other sense, the Supreme Court diversified and re-distributed the jurisdiction of service matters etc., in between these Tribunals for which purpose they have been established and the High Courts, as per the spirit of the Constitutional mandate enunciated by the framers of the Constitution, keeping in view the basic structure theory and the provisions contained in Article 226, 227, 32 and Articles 323-A and 323-B of the Constitution of India. One of the salient features of our Constitutional system that whenever new legislations are enacted either by the Parliament or Legislative Assemblies, they are being challenged in courts of law, either about their validity, as a whole, or certain provisions of such Acts as offending any provisions of the Constitution, as against public policy or against established legal principles. No exception was shown to the Administrative Tribunals Act, 1985, enacted in terms of Article 323-A of the Constitution of India. Consequent upon establishment of Service Tribunals in the country under the Administrative Tribunals Act, 1985, a string of litigation had started before the High Court of several States and also in the Supreme Court, questioning the validity of certain provisions of the Act and also the vires of Articles 323-A and 323-B. First, the `Apex Court' by a Five Judge Constitution Bench, headed by the then Hon'ble the Chief Justice, Sri P.N.Baghavathi, examined the constitutional validity of Article 323-A and its provisions in S.P.Sampath Kumar Vs. Union of India (A.I.R. 1987, Supreme Court, 386). While upholding the validity of Article 323-A, it was held that the Service Tribunals created under Article 323-A are substitutes to the High Court and the exclusion of the jurisdiction of the High Courts was legal. Thereafter a Seven Judges Constitution Bench of the Supreme Court in `L.Chandra Kumar Vs. Union of India (A.I.R. 1997, Supreme Court – 1125)' while dealing with power of `judicial review' vested in High Courts and the Supreme Court under Articles 226/227, and 32, respectively, vis-a-vis Articles 323-A and 323-B held that the Tribunals play a supplementary role and the power of `judicial review' vested i High Courts and the Supreme Court under Articles 226/227 and 32 is an inviolable basic structure of the Constitution and stuck down clause (2)(d) of Articles 323-A and clause (3)(d) of Article 323-B of the constitution of India to the extent they exclude the jurisdiction of High Courts and the Supreme Court under Articles 226/227 and 32 as unconstitutional and also Section 28 of the `Administrative Tribunals Act, 1985', which excludes the jurisdiction of High Courts. The Supreme Court has further held in that case that: “The Tribunals created under Article 323-A and 323-B of the Constitution are possessed of the competence to test the Constitutional validity of statutory provisions and rules. All decisions of these Tribunals will however, be subject to scrutiny before a `Division Bench' of the High Court within whose jurisdiction the concerned Tribunal falls. The Tribunal will nevertheless continue to act like Courts of `first instance' in respect of the areas of law for which they have been constituted. It will not, therefore, be open to litigants to directly approach the High Courts even in cases where they question the vires of statutory legislations (except where the legislation which creates the particular Tribunal is challenged) by overlooking the jurisdiction of the concerned Tribunal”. In the same case, when an argument was advanced for superintendence over the Tribunals by the concerned High Courts, the Supreme Court has categorically held as follows: “To this end, it is suggested that the Tribunals be made subject to the supervisory jurisdiction of the High Courts within whose territorial jurisdiction they fall.We are, however, of the view that this may not be the best way of solving the problem. We do not think that our Constitutional scheme requires that all adjudicating bodies, which fall within the territorial jurisdiction of the High Courts, should be subject to their supervisory jurisdiction. If the idea is to divest the High Courts of their onerous burdens, they adding to their supervisory functions, cannot, if any manner, be of assistance to them”. While rejecting the said plea, the Apex Court has suggested for creation of a `Single Umbrella Organisation' to oversee the functioning of the Tribunals in the Country. Therefore, in view of the law laid down by the Supreme Court in `Chandra Kumar's case, this Tribunal is now functioning as a `Court of first instance' like any other Tribunal in the county, established under Article 323-A of the Constitution of India and dealing with service disputes of State Government employees, subject to `judicial review' of its decisions by the High Court of A.P., by way of a Writ Petition filed by aggrieved party under Article 226 of the Constitution of India.`Judicial Review' propounded by the Supreme Court in `Chandra Kumar's case cannot treated or equated with an `appeal' in-as-much-as the Constitutional exercise by way of `judicial review' dispensed by the High Courts originates from the `basic structure theory' read with Articles 226 and 227 of the Constitution of India. Whenever cases are being remanded by the High Court by way of judicial review to the Tribunal, quite often time limit for a fresh disposal by the Tribunal is also being fixed by the High Court.
CHAPTER-4:ORGANISATIONAL SET UP OF THE TRIBUNAL
ORGANISATIONAL SET UP OF THE TRIBUNAL 1.Definitions : In this manual, unless the context otherwise required - (a) `Tribunal', means the Andhra Pradesh Administrative Tribunal. (b) `Act', means the Administrative Tribunals Act, 1985. (c) `Rules', means the Andhra Pradesh Administrative Tribunal (Procedure) Rules, 1989 issued by the Central Government and include any other rules framed by the Tribunal under provisions of the Act, 1985. (d) `Chairman', means the Chairman of the Tribunal. (e) `Vice Chairman', means the Vice Chairman of the Tribunal. (f) `Judicial Member', means a Member of the Tribunal appointed under the Administrative Tribunals Act, 1985 and includes the Chairman or a Vice Chairman who possesses any of the qualifications specified under sub-section(3) of Section 6 of the Act. (g) `Administrative Member', means a Member of the Tribunal who is not a Judicial Member under the Act. (h) `Member', means a Member (whether Judicial or Administrative) of the Tribunal and includes the Chairman and Vice Chairman. (i) `Bench', means a Bench of the Tribunal. (j) `Original Application', means an application made under Section 19 of the Act. (k) `Service', means service under the Government of Andhra Pradesh. (l) `Service matters', in relation to a person mean all matters relating to conditions of his service with the State, which include any local or other authority as specified by the State Government for the purpose of adjudication by this Tribunal as respects : (i)remuneration (including allowances), pension and other retirement benefits. (ii)tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation. (iii)leave of any kind. (iv)disciplinary matter,or (v)any other matter what-so-ever. (m)`Registry', means the Registry of this Tribunal. (n)`Registrar', means the Registrar of the Tribunal and includes any other officer authorised by the Chairman to exercise the powers of the Registrar. 2. Seat of the Tribunal :: Hyderabad City. Explanation:The State Government,subject to other provisions of the Act,is also empowered to constitute Benches of the Tribunal (in addition to the Principal Bench) at different places of the State, if it so desires. 3.Language of the Tribunal:The language of the Tribunal shall be`English'. 4.Appointment of the Chairman, Vice Chairman and Members:The President of India is the authority to appoint the Chairman, Vice Chairman and Members of the Tribunal.The Government of India issues notifications whenever such appointments are made. 5. Term of Office : The Chairman, Vice Chairman or other Member shall hold office as such for a term of five years from the date on which he enters upon his office,but shall be eligible for re-appointment for another term of five years. Provided that no Chairman, Vice Chairman or other Members shall hold office as such after he has attained :- a) in the case of Chairman and Vice Chairman, the age of sixty five years and ; b) in the case of any other Member, the age of sixty two years. 6.Resignation and Removal : Refer to Section 9 of the Act, 1985 (Annexure-I). 7.Provisions as to holding of office by Chairman, on ceasing to be as such Chairman, etc: Refer to Section 11 of the Act, 1985 (Annexure-I). 8. Salaries, Allowances and other terms and conditions of the Chairman, Vice-Chairmen and Members: They are governed by the Andhra Pradesh Administrative Tribunal (Salaries and Allowances and Conditions of Service of Chairman,Vice-Chairmen and Members) Rules, 1989, issued by the Government of India under section 35 of the Act, 1985 and as amended, from time to time. 9. Financial and Administrative Powers of the Chairman: The Chairman of the Tribunal has been declared as Head of the Department by the State Government for purpose of Fundamental Rules, Manual of Special Pay and Allowances and A.P. Financial Code etc., pending issuance of Rules by the Government under section 12 read with Section 36 of the Administrative Tribunals Act, 1985. The Chairman can also delegate these powers to the Vice-Chairman or any other officer of the Tribunal. 10. Staff of the Tribunal: As per section 13 of the Administrative Tribunals Act, 1985, it shall be the duty of the State Government to determine the nature and categories of the officers and other employees required to assist the Tribunal in consultation with the Chairman of the Tribunal. Since the erstwhile Tribunal constituted under Article 371-D of the Constitution stood abolished and the new Tribunal under Act, 1985 was established, the staff working in the erstwhile Tribunal was ordered to be continued in the new Tribunal by the State Government.The services of the employees working in various cadres were confirmed in the present Tribunal. 11. Applicability of Rules to the employees of the Tribunal: The staff of the Tribunal at present are governed by the Special (Ad hoc) Service Rules issued by the Government of Andhra Pradesh during the existence of the erstwhile Tribunal under Article 371-D of the constitution. The same are being continued as per the orders of the Government till new rules are approved by the Government.The ad hoc rules are: 1) The A.P. Administrative Tribunal Gazetted Service Rules. 2) The A.P. Administrative Tribunal Non-Gazetted Service Rules. 3) The A.P. Administrative Tribunal Sub-ordinate Service Rules. 4) The A.P. Administrative Tribunal Last Grade Service Rules. 12. Appointing Authorities: 1.The Chairman of the Tribunal is the appointing authority for all Gazetted posts in the Tribunal. 2.The Registrar of the Tribunal, subject to the control of the Chairman, is the appointing authority for all Non-Gazetted posts. 3.For all other posts falling under A.P.A.T. Sub-ordinate Service and Last Grade Service, the Deputy Registrar is the appointing authority subject to control of the Registrar and approval of the Chairman. 13.Disciplinary action against employees of the Tribunal : The Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules are applicable to the employees of the Tribunal for the purpose of initiating disciplinary action against them. Against the orders of the Registrar, appeal lies to the Chairman. No appeal lies against the orders of the Chairman. ORGANISATIONAL STRUCTURE OF THE ANDHRA PRADESH ADMINISTRATIVE TRIBUNAL HIERARCHY OF FUNCTIONARIES CHAIRMAN (1)
| | MEMBERS (JUDICIAL)(3) MEMBERS (ADMINISTRATIVE)(4)
GAZETTED CATEGORY (CLASS-I)
REGISTRAR (CAT-1) (1)
DEPUTY REGISTRARS (CAT-2) (2)
| | ASSISTANT REGISTRARS ASSISTANT REGISTRAR-CUM-SECRETARY (CAT.3(A)) (5) TO THE CHAIRMAN (CAT.3(B)) (1)
| | Section Officers / Court Officers / Personal Assistants /Scrutiny Officers / Accounts Officer Court Masters (CAT-4) (27) (CAT-5) (20)
NON-GAZETTED SERVICE (CLASS - II)
Librarian (CAT-1) (1)
Senior Assistants (11) / Senior Stenographer (1) (CAT-2)
Care-Taker (CAT-3) (1)
Junior Assistants (28) / Jr. Stenos (2) / Typists (18) (CAT-4) /
Computer Operators (3) (CAT-5)
CLASS - III
Motor Car Drivers (11) / Auto-Driver (1) /
Roneo Operators (2) (CAT-1) /
Record Assistants (13) / Book Bearer (1) (CAT-2)
CLASS - IV
Jamedars (3) (CAT-1)
Attenders (38) (CAT-2)
NOTE : THE CADRE STRENGTH OF EACH CATEGORY / POST WAS SHOWN IN BRACKETS.
CHAPTER–5:FUNCTIONS IN BRIEF
FUNCTIONS IN BRIEF STATUTORY AND JUDICIAL FUNCTIONS: It shall be the duty of the Tribunal to receive applications from aggrieved parties, to hear and adjudicate them viz., Original Applications and connected Miscellaneous Applications including Contempt Cases filed before it and also cases remanded by the High Court of Andhra Pradesh and the Supreme Court of India, from time to time, within the time frame, if any, prescribed. ROLE OF EACH FUNCTIONARY : 1. THE CHAIRMAN : The Chairman is the Judicial and Administrative Head of the Tribunal. As Judicial Head, it shall be the function of the Chairman to constitute and organise Benches and distribute court work among himself. Vice-Chairmen and other Members in terms of the powers vested in him under the Act and adjudicate cases listed before the Benches. As “Administrative Head”, it shall be the function of the Chairman to oversee the functioning of the Registry with the assistance of the Registrar and such other officers and issue appropriate instructions, as and when required, for control and smooth functioning of the Tribunal. 2. VICE-CHAIRMEN AND MEMBERS : It shall be the function of the Vice-Chairman and Members to hear and adjudicate the cases listed before the Benches presided over by them and assist the Chairman in discharging the statutory and judicial functions of the Tribunal. 3. REGISTRAR : Being the head of Office/Registry, it shall be the function of the Registrar to assist the Chairman on judicial and administrative side and look after functioning of the Registry. He shall also exercise such powers and functions as conferred on him under the relevant Rules and also as delegated by the chairman, from time to time. 4. DEPUTY REGISTRAR – I : He is incharge of Scrutiny Officers Section, Court Officers Section, Library Section and Records Section. It shall be his duty to oversee functioning of these sections with the help of Assistant Registrars who exercises primary control over these sections.He shall assist the Registrar as and when required. 5. DEPUTY REGISTRAR – II : He is incharge of Judicial Section, Posting Section, Notice Section and Issue or Tappal Section. It shall be his duty to oversee functioning of these sections with the help of the Assistant Registrars who exercise primary control over these sections.He shall also assist the Registrar as and when required. 6. ASSISTANT REGISTRAR – (SCRUTINY) : He is incharge of Scrutiny and Court Officers' Section. It shall be his duty to oversee functioning of these sections with the help of such officers working under his control. He shall also assist the Registrar and the Deputy Registrar concerned in-day-to-day functioning of the Registry. 7. ASSISTANT REGISTRAR – (ADMINISTRATION) : He is incharge of General Administrative Section / Accounts Section, Stationery and Care-Taking Section. It shall be his duty to oversee functioning of these sections with the help of such officers working under his control. He shall assist the Registrar in all matters concerning administration, accounts and other establishment matters and the Deputy Registrar concerned. 8. ASSISTANT REGISTRAR - (JUDICIAL) : He is incharge of Judicial Section, Posting Section, Notice Section and Computer Section. It shall be his duty to oversee functioning of these sections with the help of such officers placed under his control. He shall also assist the Registrar and the Deputy Registrar concerned in-day-to-day functioning. 9. ASSISTANT REGISTRAR - (ISSUE) : He is incharge of Issue Section and Judicial Indexing it shall be his duty to oversee functioning of Issue Section with the help of such officers placed under his control. He shall also prepare Annual Judicial Index of the judgments of the Tribunal. He shall render assistance to the Registrar and the Deputy Registrar concerned as per exigencies of work. 10. ASSISTANT REGISTRAR - (RECORDS) : He is incharge of the Library and Records Section.It shall be his duty to look after functioning and upkeep of Library with the help of the 'Librarian' incharge and Issue Section with the help of such officers placed under his control. He shall also assist the Registrar and the Deputy Registrar concerned as per work schedule. 11. SECRETARY TO THE CHAIRMAN-CUM-ASSISTANT REGISTRAR : He shall look after the official and personal works of the Hon'ble Chairman and render assistance to the Chairman as per the tasks assigned to him from time to time. He shall also perform such other duty as is assigned to him by the Registrar as per the exigencies of work. NOTE :The Registrar shall have powers to transfer Deputy Registrars and Assistant Registrars from one Section to other Sections with prior approval of the Hon'ble Chairman, as and when it becomes necessary or effect periodical transfers on administrative grounds. 12. SECTION OFFICER (SCRUTINY SECTION) : It shall be his duty to receive cases filed by the aggrieved parties and distribute the same for scrutiny purpose among himself and other Scrutiny Officers under his control and after scrutiny, register and transmit cases to the Judicial Section for listing up before Benches. 13. SECTION OFFICER (COURT OFFICERS SECTION) : It shall be his/her duty to arrange and depute the Court Officers to Benches of the Tribunal and receive Court Orders/Judgments for drafting purpose and after drafting and approval, send them to Issue Section for preparation of fair copies. 14. SECTION OFFICER - (ADMINISTRATION) : It shall be his/her duty to look after Administrative Work Accounts,preparation of pay bills of staff, budgeting and establishment work of office. 15. SECTION OFFICER – (ACCOUNTS) : It shall be his/her primary duty to attend to the matters relating to the Chairman,Vice-Chairmen and Members of the Tribunal like, preparation of pay bills, payment of residential bills and such other works as and when assigned to. He shall also attend to all the establishment matters of staff and attend to liaison work. 16. SECTION OFFICER (STATIONERY AND CARE-TAKING SECTION) : It shall be his duty to look after matters relating to stationery procurement, purchase, maintenance and up-keeping of Tribunal building, Motor Cars and such other matters as and when assigned to. 17. SECTION OFFICERS (JUDICIAL – I & II) : It shall be his duty to prepare sitting lists for organization of Benches, filing work, preparation of records ready for posting, all works from the stage of receiving cases from the Scrutiny Section till they are disposed of and transferring of ready cases to Posting Section. 18. SECTION OFFICER (POSTING SECTION) : It shall be his duty to prepare daily and weekly cause lists, to prepare lists of ready cases and posting of final hearing cases. 19. SECTION OFFICER (NOTICE SECTION) : It shall be his duty to issue notices in all the cases received in the Section and post not ready cases before the Registrar for fresh service of notice and make cases ready after notice for posting purpose. 20. SECTION OFFICER (ISSUE SECTION) : It shall be his duty to receive drafts of the Court Orders/Judgments from the C.O. Section, take out necessary copies either by way of typing or roneo printing and despatch them to the parties.He shall supervise receiving of tappals and despatch work of office. He shall also look after the work of transmitting the case records to sections concerned after despatch of the orders. 21. SECTION OFFICER (RECORD SECTION) : It shall be his duty to receive records in disposed of cases and keep them in the Section in seriatum year-wise. He shall attend to works concerning preparation of the Supreme Court records and certification of notices of lodgment. He shall also look after destruction work of old records. 22. SECTION OFFICER (COMPUTER SECTION) : It shall be his duty to feed information to the computers in relation to cases being filed before the Tribunal daily and also cases pertaining to ester years as per the work schedule.He shall also feed data of daily cause lists and bring out computer stencils for printing of daily cause lists. It shall be his duty to oversee functioning of all terminals, training staff concerned and update programming in consultation with NIC and any other organisation with prior approval. 23. COURT-OFFICERS (COMMON) : They shall attend to Benches as per allotment and assist the Benches in smooth conduct of Court business. They shall also attend to desk duties in the section as and when they are not posted to the Benches. 24. PERSONAL ASSISTANTS / COURT MASTERS : This cadre is inter-changeable. They shall attend to official and demi-official works of Chairman, Vice-Chairmen and Members of the Tribunal and also attend to Bench dictations as per schedule and transcribe dictations of Court orders and Judgments. 25. SENIOR ASSISTANTS : They shall perform such duties as are assigned to them in different sections and assist the concerned section officers. 26. SENIOR STENOGRAPHER : He/She shall be P.A. to the Registrar exclusively.He/She shall maintain confidential files and attend to all such duties as are assigned to him/her by the Registrar from time to time. He/She need not attend to Bench dictation or any other dictation work. 27. CARE-TAKER : He shall supervise the work of Jamedars and Attenders by allotting them suitably to courts and sections.He shall look after maintenance and cleanliness of the premises.He shall attend to such other duties as are assigned to him by the Section Officer and assist him in all matters concerning the section. 28. JUNIOR ASSISTANTS : They shall attend to such duties as are assigned to them in different sections and assist the Senior Assistant and the Section Officer concerned. 29. JUNIOR STENOS : They shall attend to dictation work of Officers as and when required, including Bench dictation in exigencies. 30. COMPUTER PROGRAMMERS : They shall attend to computer operations and programming work in the computer section under the guidance of the Section Officer concerned and also attend to such other duties as are assigned to them by their superior officers. 31. TYPISTS : They shall attend to typing work of Court Orders / Judgments in the Issue Section and Court Officers Section. They shall also attend to typing works of all other sections, as is assigned to them from time to time. 32. MOTOR CAR DRIVERS : They shall operate motor vehicles allotted to the Chairman, Vice-Chairman, Members and the Registrar on working days and also on holidays. They shall also maintain log-books and wear uniforms, driver caps, etc., 33. AUTO DRIVER : He shall attend to the duty of transmitting court bundles to the residences of Chairman, Vice-Chairman, Members and Registrar and distribute cause lists to them. He shall also attend to such other duties of office as are assigned to him and maintain log-book of the vehicle. 34. RONEO OPERATORS : They shall attend to the duties of taking out cyclostyled copies of Judgments through stencilling and operate xerox machines for bringing out copies of Court Orders/Judgments. They shall also take out copies of daily cause lists and other official matters as is assigned to them, from time to time. 35. RECORD ASSISTANTS : They shall keep the records of the sections concerned wherever they are posted and carry the records from one section to other section as per work distribution. 36. BOOK-BEARER : He shall attend to Book-bearing duties in the Library Section and assist the 'Library' incharge in-day-to-day functioning of the Library. 37. JAMEDARS : They shall attend to duties at the Chambers of the Chairman and Vice-Chairmen. They shall also be responsible for up-keeping and maintenance of chambers of the Chairman and Vice-Chairmen. The Jamedars shall supervise duties of Attenders. They shall wear uniform, turban etc., and appear neat and smart. 38. ATTENDERS: They shall attend to such duties as are assigned to them in the Sections like carrying files and records etc. They shall attend to Court duties, Chamber duties wherever they are posted at various chambers of Members and Officers. They shall also attend to sweeping duties as per directions of the Care-taking Section. They shall also be responsible for up-keeping and maintenance of the chambers wherever they are posted. They shall wear uniform, caps etc., and appear neat and smart.
CHAPTER–6:Acts and Rules
The following are the Acts and Rules that govern the functioning of the Tribunal : 1.The Administrative Tribunal's Act, 1985 (Refer to Annexure-I). 2.The Andhra Pradesh Administrative Tribunal (Procedure) Rules, 1989 (Refer to Annexure – II). 3.The Andhra Pradesh Administrative Tribunal Practice Rules, 1995. 4.The Andhra Pradesh Administrative Tribunal (Contempt of Courts) Rules,1992. (For item Nos.3 and 4 refer to APAT, Functional Manual)
CHAPTER–7:AREAS OF INTERFACE WITH GENERAL PUBLIC ETC
AREAS OF INTERFACE WITH GENERAL PUBLIC ETC The A.P. Administrative Tribunal being a Judicial set-up and adjudicatory body, exclusively dealing with service matters options are limited to the extent of hearing and adjudicating the cases filed before it by the aggrieved parties viz., State Government and Local body employees. In every case filed before it, the State Government is invariably being made as a contesting Respondent, apart from other necessary parties. Therefore the Tribunal invariably issues notices, calling for such records and for filing of counter affidavits, as are required for adjudication of cases filed before it. While the Government is being represented by Government Pleaders, Assistant Government Pleaders and Standing Counsel appointed for the Tribunal (Department-wise) to defend action/order of the Government, the cases of the applicants are being represented, by Advocates practicing in the Tribunal barring a few cases wherein parties-in-person themselves argue and represent their cases. No public Interest Litigation lies before the Tribunal. Therefore, the question of interface with the general public does not arise for the Tribunal except the special class of applicants. On administrative side, the Government being the authority, to provide such assistance as required by the Tribunal in matters of man-power and sanction of funds etc., the Tribunal naturally depends on Government Departments in the Secretariat for smooth functioning of the Tribunal.
CHAPTER–8:FUTURE PROSPECTS OR VISION OF THE TRIBUNAL
FUTURE PROSPECTS OR VISION OF THE TRIBUNAL The very idea and purpose of establishment Administrative Tribunals all over India is to lessen the burden of the High Courts as well as rendering quick justice to the aggrieved parties. The A.P. Administrative Tribunal is no exception to this. Therefore, the main task of the Tribunal is not only to adjudicate cases filed before it but also to render speedy justice by quick disposals of cases. In order to achieve this object, the Tribunal needs cooperation of the aggrieved parties, Advocates, Government Pleaders and coordination of the Government Departments, as the Tribunal alone cannot achieve this avowed object. It is significant to note that at one point of time in the erstwhile Tribunal, the pendency of cases came down to such a low figure as 700 in number. At present the Tribunal has been functioning with five Benches. As the Tribunal is also having a computer network, it is planning to group cases subject-wise and dispose of them in batches to speed up disposals and minimise pendency. In future the Tribunal may need additional Benches to attend to ever-rising inflow of cases and to clear off pendency of cases.So, the Tribunal intends to send separate proposals for creation of additional Benches by the Government. Vision of the Tribunal is to render speedy and quick dispensation of justice by clearing off pendency in a shortest possible time. REGISTRAR PATIL VITHAL RAO, B.Sc., LL.B., REGISTRAR
ROC.NO.6-1/J.SPL./2006, DATED : 02-06-2007
To The Secretary to Government, G.A. (SPF) Department, Secretariat, HYDERABAD. Sir, Sub: A.P. Administrative Tribunal - RIT Act, 2005 – Preparation of Manuals under section 4(1)(b) of the Act – Furnished – Reg. Ref: 1. From the Prl. Secretary to Govt. (GPM&AR) Dept. D.O. Lr. No.18715/RTIA/GPM&AR/07-14, dated 4-4-2007. 2. Govt. Lr. No.852/SPF/2007-1, dated : 09-05-2007.
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With reference to the subject and references above, I am to enclose herewith hard & soft copies of Departmental Manual in so far as the A.P. Administrative Tribunal is concerned and request you to forward the same to A.P. Information Commission to enable them to make it available on the website of the A.P. Information Commission and A.P. Portal. Please acknowledge the receipt of the same. Yours faithfully, REGISTRAR Encl : Hard & Soft copies of Manual. (2 copies each) COPY TO: The Officer-on-Special Duty, A.P.Information Commission, HACA Bhavan, Opp: Public Gardens, HYDERABAD-500 004.
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