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Determining nativity is a major hindrance

Both state governments have defined nativity in violation of Constitutional provisions.

Hyderabad: The Centre has extended the term of the advisory committee for the third time which was constituted to oversee the allocation of employees among both states as per the provisions of the AP Reorganisation Act, 2014, in view of delays in allocation.

The Central government on March 29, 2014 constituted the advisory committee headed by Mr C.R. Kamalnathan for state government employees other than All India Service employees and the term of the committee was extended from the time to last till March 29, 2017.

Advocate Dr K. Lakshmi Narasimha said that disputes particularly arose with the determination of the nativity of the employee.

Both state governments have defined nativity in violation of Constitutional provisions.

He reminded that the Hyderabad High Court in the power employees’ case declared that that the very basis of discriminating employees based upon their nativity and place of birth is wholly illegal and unconstitutional as it violated Articles 14 and 16 of Constitution of India.

Mr P. V. Krishnaiah said that the determination of state-wide and local cadre posts also caused the legal tangle.

He said that the authorities had determined the post of assistant professor in medical education department as local cadre and when it was challenged before the High Court it was held that it is state cadre post.

He said that several similar procedural lapses have been prolonging the division of employee among both states.

( Source : Deccan Chronicle. )
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