Rule 30 A) and B) Andhra-Pradesh-State-And-Subordinate-Service-Rules-1996-With-Amendments - 22

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(d) The provisions of this rule shall have effect notwithstanding anything contained in

these rules or the special rules applicable to the concerned members of a service.

30. RESIGNATION:- (a) A member of a service may resign his appointment and the
acceptance of his resignation by the appointing authority shall take effect:-

(i) in case he is on duty, from the date on which he is relieved of his duties in pursuance
of such acceptance;

(ii) in case he is on leave, from the date of communication of such acceptance to the
member or if the said authority so directs, from the date of expiry of leave; and

(iii) in any other case, from the date of communication of such acceptance to the
member or from such other date, not being earlier than the date on which he was last
on duty, as the said authority may, having regard to administrative exigencies, specify.

Provided that the resignation of a member of a service, who is placed under


suspension from service, pending investigation or enquiry into grave charges or who is
deemed to have been suspended under rule 8 of the Andhra Pradesh Civil Services
(Classification, Control and Appeal ) Rules, 1991 shall not be accepted during the
period of such suspension.

Provided further a member of a service may with draw his resignation before it
takes effect.

Provided also that no withdrawal of resignation shall be permitted except with the
sanction of the Government, if the withdrawal is made after the resignation takes effect.

(b) If the resignation of a member of a service has been accepted, but has not taken
effect and he withdraws his resignation before it has taken effect, he should be deemed
to be continuing in service. If the person is permitted to withdraw his resignation after it
has taken effect and is re-appointed to the post from which he resigned, such
reappointment shall be subject to the conditions specified in sub-rules (c) and (d).

(c) A member of service, shall, if he resigns his appointment, forfeit not only the
service rendered by him in the particular post held by him at the time of resignation but
all his previous service under the Government.

(d) The reappointment of a person, who has resigned from Government service and
who is re-appointed to any service, shall be treated in the same way as a first
appointment to such service by direct recruitment and all rules governing such
appointment shall apply; and on such re-appointment, he shall not be entitled to count
any portion of his previous service for any benefit or concession admissible under any
rule or order.
Provided that nothing contained in this rule shall affect the operation of clause (b)
of Article 418 or Article 422 of the Civil Services Regulations or of any other rules similar
thereto for the time being in force.

(e) Where a member of a service is selected for appointment by direct recruitment to


another post, category or class in the same or different service and is appointed to it,
his lien on the service or his probationary right, if any, in the post of the service under
the State Government, which he was holding prior to such appointment by direct
recruitment, shall be retained for a period of three years or until he becomes an
approved probationer in the post, category or class in the same or different service of
this State Government, to which he has been selected, whichever is earlier; and if
before the expiry of three years he is not an approved probationer in the post to which
he was selected for appointment by direct recruitment, in the same or different service
of the Government, unless he reverts to the parent Department, he shall be deemed to
have resigned from the service of which he was a member prior to such appointment by
direct recruitment with effect from the date on which the three years period expires.

Provided that nothing in this sub-rule shall affect the benefits accrued to such
member of a service or services in the previous post or posts, except the lien or
probationery right, as the case may be, on such post or posts.

Provided further that where a member of a service is selected for appointment by


direct recruitment to a post under the service of the Government of India or any other
State Government, has lien on a post or probationery right, if any, in the State
Government shall be retained for a period of three years or until he becomes an
approved probationer in the service of the Government of India as the case may be
whichever is earlier, and if before the expiry of three years he is not an approved
probationer in any post under the service of that other Government as the case may be,
unless he reverts to the services of the State Government, he shall be deemed to have
resigned from the service of which he was a member prior to such appointment by
direct recruitment, with effect from the date on which the three years period expires.

31. RELAXATION OF RULES BY THE GOVERNOR:-

Notwithstanding anything contained in these rules or in the special rules, the


Governor shall have the power to relax any rules contained in these rules or special
rules, in favour of any person or class of persons, in relation to their application to any
member of a service or to any person to be appointed to the service, class or category
or a person or a class of persons, who have served in any civil capacity in the
Government of Andhra Pradesh in such manner as may appear to be just and equitable
to him, where such relaxation is considered necessary in the public interest or where
the application of such rule or rules is likely to cause undue hardship to the person or
class of persons concerned.

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