Allowed

Jami Uma Kumari v. Regional Joint Director

Andhra Pradesh HC11 Sept 2024WP/27785/2021

Case brief

AI extract

What is this about?

In a writ petition filed under Article 226, a Single Judge directed respondents to consider the petitioner's case for regularization as a Typist within three months, relying on prior Division Bench judgments that granted similar relief for employees with equivalent technical qualifications.

What did the court decide?

Directed respondents to consider petitioner's case for regularization of services as Typist from date of joining with consequential benefits within three months.

Jami Uma Kumari Vs Regional Joint… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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

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THURSDAY, THE TWELFTH 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

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WRIT PETITION NO: 27785 OF 2071

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Between:

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Pnvl P-Jagdeswara Rao, Age. 47 years, Occ; Typist,^O/o. Govt., Jr. College for (Boys) Rajarn, Srikakulam District.

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...PETITIONER

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AND

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Regimal Joint Director, Intermediate Education Rajamahendrava ram East Godavari District.

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^ ^°h^'^'ssioner of Intermediate Education, Sri Nilayam D.No.4-116/1,4 Lane, Lakshmipuram, Guntur District.

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The State of Andhra Pradesh, Rep., by its Principal Secretary Higher Education Department, Velagapudi, 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 1 respondent in not regularizing the services of the petitioner in the cadre of Typist and not releasing periodical increments, other benefits, despite of possessing technical qualifications, such as Typewriting English Lower Grade including Post Graduate Diploma in Computer Application Course as well as passing of proficiency in Office Automation with the usage of computers conducted by the department, on the untenable ground that, the petitioner did not acquired typewriting qualifications stipulated in the order of appointment IS

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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^{includingordersin} ^OA No. 2201/2014, dated 2.9.2014 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 memo dated 31.12.2016 of the 1st 'respondent, (b) And consequently to direct the respondents to forthwith regularize the service of the petitioner w.e.f her date of joining into duty as Typist with all consequential benefits without taking account of passing of Typewriting qualifications prescribed in the order of appointment, 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 and G.O.Ms.No.68 dated 11.03.2010 as well as possessing of Post Graduation Diploma in Computer Application Course and passing of lower Grade Typewriting in English as well as passing of proficiency test in Office Automation with the usage of computer conducted by the department by the petitioner in view of law laid down by Division Bench of this Hon'ble Court in WP No.11321/2019, dated 14.8.2019, r/w recent orders dated 16.04.2021 in WP No.17966/2020 as well as orders 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 2021

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to forthwith regularize the services of the petitioner w.e.f her date of joining into duty as Typist with all consequential benefits without taking account of passing of Typewriting qualifications prescribed in the order of appointment of the petitioner 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 and G.O.Ms.No.68 dated 11.03.2010 as well as possessing of P.G Diploma in

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Computer Application Course and passing of lower Grade Typewriting in English as well as passing of proficiency test in Office^{Automationwiththe} usage of computer conducted by the department by the petitioner in view of law laid down by this Hon'ble court in WP No. 11321/2019,^{dated14.8.2019,} 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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Counsel for the Petitioner : SRI SANTHAPUR SATYANARAYANA RAO Counsel for the Respondents: GP FOR SERVICES III The Court made the following: ORDER

APHC010460612021

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3310] (Special Original Jurisdiction)

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THURSDAY ,THE TWELFTH 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: 27785/2021

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Between:

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Jami Uma Kumari ...PETITIONER

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AND

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Regional Joint Director 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 III The Court made the following:

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ORDER :

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

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the following relief:

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Toissue 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 1st respondent in not regularizing the services of the petitioner in the cadre of Typist and not releasing periodical increments other benefits despite of possessing technical qualifications such as Typewriting English Lower Grade including Post Graduate Diploma in Computer Application Course as well as passing of proficiency in Office Automation with the usage of computers conducted by the department on the untenable ground that the petitioner did not acquired typewriting qualifications stipulated in the order of appointment is as highly illegal arbitrary discriminatory and contrary to the Division Bench judgment of this Honble 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 matter and contrary to various orders issued by the Govt in the similar subject matter if necessary set aside the above memo dated 31.12.2016 of the 1st respondent b And consequently to direct the respondents to forthwith regularize the service of the petitioner w e f her date of Joining into duty as Typist with all consequential benefits

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of appoi*ntm"enMn°view°on!mN?^ qualifications prescribed^intheorder certain class of employees Ms No 68 dated 11 03 2010 as w.ii L ® ^9 2 2008 and^GO

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Learned counsel for the petitioner and learned counsel for the respondents are present.

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On hearing, learned counsel for the petitioner submits that the matter is squarely covered by the judgment passed by a Division Bench of this Court in W.P.No.11321/2019 dated 14.8.2019 r/w recent judgment dated 16.042021 passed in WP No. 17966/2020 and also placed a copy of an order of this Court dated 31.07,2024 passed in WP No. 17018 of 2020, and requests this Court to pass similar order in this writ petition also, The operative portion of the

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order in WP No. 17966 of 2020, is as follows;

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Nn iWVnfHnfo the judgment of the Division Bench of this Court in WP No.11321 of 2019, the wnt petition is atlowed setting aside the impugned notice as the petitioner possessed a P.G. degree in Master of Computer Apptications and the respondents are directed to conlTm^nuti petitioner in the cadre of Typist with effect from her date of Joining with a°l sequential benehts, according to her eligibility, without insisting for passing of technical quaHfications of typewnting higher grade both in English and Telugu. No order as to costs Consent miscellaneous petitions, if any pending, in this wnt petition, shall stand closed. ” ^

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Ms. P. Sudeepthi, learned Assistant Government Pleader appearing for the respondents reported no objection to dispose of the present petition on the same lines.

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Considering the submissions of both the learned counsels and following the order of the Hon’ble Division Bench of this Court as cited supra, this Court is inclined to dispose of the Writ Petition while directing the respondents to consider the case of the petitioner in the matter of regularization of the services of the petitioner by declaring her 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.

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