Amendment status not verified — confirm the current text below against the official source.
Bar for regularization of services - No person who is a daily wage employee and no person who is appointed on a temporary basis under 1[Section 3 and no person who] is continuing as such at such at the commencement of this Act shall have or shall be deemed ever to have a right to claim for regularisation of services on any ground whatsoever and the services of such person shall be liable to be terminated at any time without any notice and without assigning any reasons: 2[Provided that the services of those persons continuing as on the 25th November, 1993 having completed a continuous minimum period of five years of service on or before 25th November, 1993 either on daily wage, or nominal muster roll, or consolidated pay or as a contingent worker on full time basis, shall be regularized in substantive vacancies, if they were otherwise qualified fulfilling the other conditions stipulated in the scheme formulated in G.O.Ms.No.212, Finance & Planning (FW.PC.III) Department, dated the 22nd April, 1994:] 3[Provided further that the services of a person who worked on part-time time basis continuously for a minimum period of ten years and is continuing as such on the date of the commencement of this Act shall be regularized in accordance with the scheme formulated in G.O.(P).112, Finance & Planning (FW.PC.III) Department, dated the 23rd July, 1997:] 4[Provided also that] in the case of Workmen falling within the scope of section 25-F of the Industrial Disputes Act 1947, one month’s wages and such compensation as would be payable under the said section shall be paid in case of termination of services: 4[Provided also that] nothing in this section shall apply to the Workmen governed by Chapter V-B of the Industrial Disputes Act, 1947. Explanation: For the removal of doubts it is hereby declared that the 1 . The expression substituted by the Act No. 3 of 1998, section 3. 2 . First proviso inserted by the Act No.3 of 1998 Section 3 and subsequently substituted by Act No. 27 of 1998, section 4. 3 . Provisos one and two inserted by Act No.3 of 1998, section 3. 4 . The words substituted by the Act No. 3 of 1998, section 3. termination of services under this section shall not be deemed to be dismissal or removal from service within the meaning of article 311 of the Constitution or of any other relevant law providing for the dismissal or removal of employees but shall only amount to termination simpliciter, not amounting to any punishment. 1[7A. Abatement of Claims - (1) Notwithstanding any Government order, judgement, decree or order of any Court, Tribunal or other authority, no person shall claim for regularization of service under the first proviso to Section 7 as it was incorporated by the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) (Amendment) Act, 1998 (Act 3 of 1998). (2) No suit or other proceedings shall be maintained or continued in any Court, Tribunal or other authority against the Government or any person or other authority whatsoever for regularization of services and all such pending proceedings shall abate forthwith. (3) No Court shall enforce any decree or order directing the Government or any person or other authority whatsoever for regularization of services.] 2[7B. Commencement of qualifying service for pension of regularised persons: Notwithstanding anything to the contrary in any law for the time being in force, including the Andhra Pradesh Revised Pension Rules, 1980, the qualifying service for pension of persons regularised in service, in pursuance of Act 2 of 1994, shall commence only with effect from the date of regularisation of such service. “7C, Applicability of pension system: The persons whose services are regularised on or after 01-09-2004, shall be eligible to avail pensionary benefits only under the National Pension System as adopted by the Government and as amended from time to time, or any other pension system brought into effect by the Government. “7D. Protection of action: (a) The pensions disbursed to persons, reckoning the qualifying service from a date earlier to the date of regularisation, whether in pursuance of an order of a Court, Tribunal or otherwise, which has attained finality shall be continued and no amounts shall be recovered. Provided that where such pensions are fixed subject to result of Special Leave Petitions and Writ Appeals, the same would be governed by the provisions of this Act. (b)The persons who are rendered eligible to pensions calculated under Andhra Pradesh Revised Pension Rules, 1980, even though regularised after 01.09.2004 in pursuance of an order of a court, tribunal or otherwise which have attained finality shall be continued and not be recovered. Provided that where such pensions are fixed subject to result of Special Leave Petitions and Writ Appeals, the same would be governed by the provisions of this Amending Act.