Allowed

Jada Gnan Dev, v. The Superintending Engineer

Andhra Pradesh HC5 Sept 2024WP/19624/2021

Case brief

AI extract

What is this about?

The High Court allowed a writ petition filed by a government employee seeking regularization of services. The court directed the respondent to reconsider the regularization case with effect from the date of joining and to consider the petitioner for promotion, relying on precedents regarding qualification relaxation.

What did the court decide?

The petitioner's service regularization is directed to be reconsidered with effect from the date of joining, and his case for promotion to Senior Assistant is to be considered based on that date of jo

Jada Gnan Dev, Vs The Superintending… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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K, ■

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY ,THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 19624 OF 2021

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Between:

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Jada Gnan Dev, S/o. Yesu Das (Late), Age; 36 years, Occ: Typist O/o.Superintending Engineer, Public Health Quality^{ControlCircle,} Guntur.

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...PETITIONER

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AND

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The Superintending Engineer, (Public Health Circle), Mulapeta, Neelagirisangam, Nellore Town.

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Engineer-in-Chief (Admn), Public Health, Garuda^{Enclave,4*^and} floor, Opp.Manipal Hospital, Tadepalli, Guntur District.

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, A.P.Secretariat, Velagapudi, Amaravathi, Guntur District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS:(a) By declaring the entire action of the respondents, particularly the entire action of the 2^^ respondent in regularizing the services of the petitioner vide present impugned proceedings No. 414/Estt/EC1/2018, dated 06.03.2018 w.e.f 05.03.2017 in the cadre of Typist, instead of regularizing the services of the petitioner w.e.f date of joining i.e., 12.04.2012, even though the petitioners herein acquired training course

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in computer applications, as on date of appointment^{ontheuntenable} ground that he has not acquired technical qualifications within the prescribed period of two (2) years mentioned in his order of appointment and passed within the grace period is as highly illegal, arbitrary, discriminatory, and contrary to the Division Bench judgment of this Hon'ble court in WP No.11321/2019, dated 14.8.2019 r/w recent judgment dated 16.04.2021 in WP No.17966/2020 including^orders in OA No. 2201/2014, dated 2.9.2014 in the same subject^matterand contrary to various orders issued by the Govt., in the similar subject matter, if necessary set aside the above impugned orders dated 06.03.2018 of the 1®‘ respondent. (b)And consequently^to direct the respondents to reconsider the case of the petitioner for re-regularization of his services in the cadre of Typist w.e.f. his date of joining into duty i.e., 12.04.2012 and also declare his probation on that basis with all consequential benefits without taking account of passing of Typewriting qualifications beyond prescribed period mentioned in his appointment order as well as without reference to the present impugned proceedings No No.414/Estt/EC1/2018 dated 06.03.2018 of the 1®* respondent in view of similar relaxation orders which was granted^{infavourofcertain} class of employees vide G.O.Ms.No.116 GA (Ser.B) Dept, dated 29.2.2008 as well as possessing of Computer Application Course by the petitioner as well as in view of law laid down by this^{Hon'blecourtinWP} No. 11321/2019 dated 14.8.2019, r/w recent orders dated 16.04.2021 in WP No.17966/2020 and order in OA No. 2201/2014, dated^2.9.2014of the erstwhile APAT in the same subject matter, (c)^{andfurtherdirectthe} respondents to consider the case of the petitioner for promotion to the post of Senior Assistant in the existing vacancies by duly taking into consideration of his date of joining into duty as criteria in view of judgments referred above in the subject matter, without^{referencetothe} present impugned orders dated 06.08.2018 of the 1®* respondent.

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lA NO: 1 OF 2021

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the case of the petitioner for promotion to the post of Senior Assistant in the existing vacancies by duly taking into consideration of his date of joining into duty i.e., 12.04.2012 in view of judicial pronouncements^{ofthisHon'ble} court in WP No. 11321/2019, dated 14.8.2019 r/w recent orders dated 16.04.2021 in WP No.17966/2020 and order in OA No. 2201/2014, dated 2.9.2014 of the erstwhile APAT, in the same subject^matter.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant leave to the respondents^to file counter affidavit in WP.No. 19624 of 2021.

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Counsel for the Petitioner: SRI. SANTHAPUR SATYANARAYANA RAO

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Counsel for the Respondents: GP FOR SERVICES IV The Court made the following: ORDER.

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APHC010325932021

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in-Vi?

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3310]

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FRIDAY ,THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 19624 OF 2021

Between:

Jada Gnan Dev,

...PETITIONER

AND

The Superintending Engineer and Others ...RESPONDENT(S)

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Counsel for the Petitioner:

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1.SANTHAPUR SATYANARAYANA RAO Counsel for the Respondent(S):

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1.GP FOR SERVICES IV

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The Court made the following:

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ORDER:-

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This petition is filed under Article 226 of the Constitution of India for the

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following relief;-

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"to issue an order direction or writ more particularly^one In the nature of Writ of Mandamus, (a) By declaring the entire action of the respondents particularly the entire action of the 2"’^ respondent in regularizing the services of the petitioner vide present impugned proceedings No 414/Estt/EC1/2018, dated 06.03.2018 w.e.f 05.03.2017 in the cadre of Typist, instead of regularizing the services of the petitioner w.e.f date of joining i.e., 12.04.2012, even though the petitioners herein acquired training course in computer applications, as on date of appointment on the untenable ground that he has not acquired technical qualifications within the prescribed period

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of two (2) years mentioned in his order o appointment and passed within the grace period is as highly Illegal, arbitrary, discriminatory and contrary to the Division Bench judgment of this Hon’ble court in W.P.No.11321/2019, dated 14.08.2019 r/w recent judgment dated 16.04.2021 in W.P.No. 17966/2020 Including orders in O.A.No. 2201/2014, dated 02.09.2014 in the same subject matter and contrary to various orders issued by the Govt in the similar subject matter if necessary set aside the above impugned orders dated 06.03.2018 of the f respondent.

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(b) And consequently to direct the respondents to reconsider^thecaseofthe petitioner for re-regularization of his services in the cadre of Typist w.e.f his date of joining into duty i.e 12.04.2012 and also declare his probation on that basis with all consequential benefits without taking account of passing of Typewriting qualifications beyond prescribed period mentioned in his appointment^orderas well as without reference to the present impugned proceedings No.414/Estt/EC1/20 18, dated 06.03.2018 of the respondent in view of similar relaxation^orders which was granted in favour of certain class of employees vide G.O.Ms.No.116 GA (Ser.B) Dept dated 29.2.2008 as well as possessing of Computer Application Course by the petitioner as well as in view of law laid down by this^Hon’ble court in W.P.No. 11321/2019 dated 14.08.2019 r/w recent orders dated 16.04.2021 in W.P.No. 17966/2020 and order in O.A.No.2201/2014, dated 2.9.2014 of the erstwhile APAT in the same subject matter.

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(c) and further direct the respondents to consider the case of the petitioner for promotion to the post of Senior Assistant in the existing vacancies by duly taking into consideration of his date of joining into duty as criteria in view of judgments referred above in the subject matter without reference to the present impugned orders dated 06.08.2018 of the respondent and pass such other order^ororders ”

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The precise case of the petitioner is that he was appointed as Typist on compassionate grounds and he joined duty on 12.04.2012^on condition that he should acquire requisite qualifications such as Typewriting Higher Grade both in English and Telugu within time framed allowed, in terms of G.Os. Subsequently, the said period was extended from time to time for a period of five years in terms of G.P.Ms.No.969, dated 27.10.1995. Prior to his appointment, the petitioner had acquired training course in computer applications and subsequently acquired English Lower Grade and Telugu

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Lower Grade on 20.12.2013 and also acquired English and Telugu higher grades on 04.03.2017. Ignoring the same, the 1®* respondent^issuedMemo dated 23.02.2017 asking the petitioner to submit technical qualification certificates by 01.04.2017 or give his willingness to take lower post or else his services will be dispensed with, which is highly illegal and arbitrary. Though, the petitioner is a graduate and also acquired computer application apart from acquiring typewriting qualification both in English and Telugu Higher Grade. Therefore, regularizing the services of the petitioner only from the date of acquiring technical qualifications vide impugned proceedings dated 06.03.2018 of the 1®‘ respondent w.e.f 05.03.2017 and declaring his probation on that basis in the cadre of Typist on the untenable ground that the petitioner herein did not acquire Typewriting Higher Grade both in Telugu and English within stipulated period mentioned in his appointment^{orderdated21.12.2011} of the District Collector is highly illegal and arbitrary and contrary to the law laid down by the orders of this Court. Hence the present writ petition came to be filed.

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Heard Mr. S. Satyanarayana Rao, leaned counsel for the petitioner; learned Assistant Government Pleader, Municipal Administration^andUrban Development for the respondents.

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During hearing learned counsel for the petitioner reiterated the contents urged in the writ petition and mainly contended^{thattheerstwhile} A.P.Administrative Tribunal in its order dated 02.09.2014 in O.A.No.2201 of 2014 and batch held that in respect of his colleague employees by duly taking

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into consideration of earlier orders including various G.Os held that the applicants therein having qualification of PGDCA entitled for regularization of their services in the cadre of Typist and other consequential benefits. The Government also issued G.O.Ms.No.969, dated 27.10.1995 granting five years grace period for acquiring qualifications stipulated in the appointment orders in respect of the persons appointed on compassionate grounds. But ignoring the said G.Os and orders of the learned Tribunal, the^{2"^^} respondent did not take steps in regularizing the services of the petitioner and declare his probation in the cadre of typist from the date of joining into duty besides having qualification on the untenable ground that there is delay in passing higher grade in Telugu and English is as highly illegal^{andarbitrary.}

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It is further contended that this matter is squarely covered by an order of this Court dated 01.12.2022 in W.P.(AT) No. 233 of 2021, therefore learned counsel for the petitioner requested this Court to pass similar order in this writ petition also.

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Learned Assistant Government Pleader for respondents vehemently opposed to allow the writ petition as the petitioner^{didnotsubmitrequired} qualification certificates as stipulated during his^{appointmentandfailed} to comply with the same. Hence, the petitioner is not^{entitledtoclaimanyrelief}

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Perused the record.

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Learned counsel for the petitioner placed on record^{theordersofthe} orders of the learned Tribunal dated 02.09.2014 passed in O.A.No.2201 of

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2014 and batch and also the order of this Court dated 14.08.2019 in VV.P.No.11321 of 2019, wherein the Hon’ble Division Bench discussed about the Government Orders and earlier orders passed by^{thelearnedTribunalin} similar circumstances, including relaxation given by the State Government, by way of the Government Orders and also the present situation, with regard to the non-usage of type machines and the usage of computers, came to conclusion that the very insistence of the respondent^{authoritiescannotbe} sustained. Therefore, in the instant case, the petitioner is also entitled for relaxation of the condition that he shall acquire typewriting^andshorthand higher grades as per Government Orders.

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Following the order of the Hon’ble Division Bench of this Court as cited supra, this Court is inclined to allow the Writ Petition, while directing the 2"^ respondent to re-consider the case of the petitioner in the matter of regularization of the services of the petitioner by declaring his probation in the cadre of Typist from the date of joining into duty in accordance with due procedure with all consequential benefits, within three (03) months from the date of receipt of a copy of this order. Further, directing the respondents to consider the case of the petitioner for promotion to the post of Senior Assistant in the existing vacancies by duly taking in to consideration of his date of joining into duty as criteria, without reference to the impugned order dated 06.03.2018 issued by the 1® respondent.

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With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

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The miscellaneous applications pending, if any, shall^{alsostandclosed.}

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SD/- K. TATA RAO //TRUE COPY// DEPUTY REGISTRAR

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SE OFFICER

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To,

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The Superintending Engineer, (Public Health Circle), Mulapeta, Neelagirisangam, Nellore Town.

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Engineer-in-Chief (Admn), Public Health, Garuda Enclave, 4*^ and 5'^ floor, Opp.Manipal Hospital, Tadepalli, Guntur^District.

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The Principal Secretary, The State of Andhra Pradesh, Municipal Administration and Urban Development Department, A.P.Secretariat, Velagapudi, Amaravathi, Guntur District.

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