Govt asks Centre to expedite deletion of controversial clause on Free Zone

Chief Minister K Rosaiah on Tuesday directed Chief Secretary SV Prasad to talk to the Union Ministry of Home Affairs to expedite the process of obtaining permission from the President to delete Clause (f) of Para-14 of the Andhra Pradesh Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order, 1975, as requested through the state Assembly’s resolution on the Free Zone issue.

The resolution, passed by the state Assembly had stated, “This House resolves to request the Ministry of Home Affairs, Government of India to obtain the approval of President of India to delete Clause (f) of Para-14 of the Andhra Pradesh Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order, 1975.”

Following the Chief Minister’s instruction, Mr Prasad again addressed the Government of India on Tuesday, requesting for early orders.

Meanwhile the state government tried to clarify the doubts among some people by issuing a statement on the Free Zone issue.

According to the statement, issue of keeping the City of Hyderabad as Free Zone for employment purpose has created misconceptions among the people of the State especially among the employees of Telangana Region.  This issue also is being raised and discussed by different political parties also.

In fact the issue of Free Zone of Hyderabad pertains only to the Police / Home Department.  The Government issued orders accordingly to which the posts like Constables, Sub-Inspector of Police and Inspector of Police, are defined localized posts.  The zone will be local unit for the post of Inspector of Police and Sub-Inspector of Police and the District will be local unit for the post of Head Constable and Police Constable.  

The Presidential Order clearly mentions only about Six Zones which covers all the present 23 Districts of the State including Hyderabad.  The city cadre has to be organized into a separate unit of appointment as mentioned in the first schedule of the Presidential Order.   

The Govt Statutory Rule (GSR) 528 (E) deals with a list of 14 departments on the categories covered by certain cadres.  The list of 14 departments doesn’t include the post of Police Officer and therefore there cannot be a separate cadre of Police Officer for the city of Hyderabad.   This means the post of Police Officer has to be a zonal post / District post depending on the nature of post.

However,   Para-14 of the Presidential Order pertains to Saving Clause from (a) to (f) wherein certain posts and offices have been excluded from the applicability of provisions of Presidential Order. Para 14 (f) of the Presidential Order reads as follows:

“Nothing in this Order shall apply to:- (f) any post of Police Officer as defined in clause (b) of Section 3 of the Hyderabad City Police Act, 1348 F.”

 According to the judgment of Supreme Court (in Civil Appeal No. 5141 of 2002) the city of Hyderabad shall have to be treated as a Free Zone for the post of Police Officer in Hyderabad.  

The Supreme Court has also struck down the appeal filed by the Govt. of AP.   Keeping in view the misconceptions on this issue, the State Govt addressed the Govt of India for deletion of Para 14 (f) of the Presidential Order. 

Since the Government is committed to resolve this issue, Govt of AP has also achieved consensus on this issue by conducting an all floor leaders meeting on March 17, 2010