Allowed

T.Padmavathi v. the Chief Executive Officer

Andhra Pradesh HC19 Sept 2024WP/3998/2022

Case brief

AI extract

What is this about?

A Typist appointed against a backlog ST vacancy failed to pass Typewriting Higher Grade Telugu within the stipulated time, delaying regularization. Following earlier Division Bench orders granting similar relaxation where offices use computers instead of typewriters, the court directed regularization from date of joining with all consequential benefits within eight weeks, without costs.

What did the court decide?

Regularization of petitioner's services as Typist from date of joining with all consequential benefits (seniority, periodical increments), within eight weeks.

T.Padmavathi Vs the Chief Executive Officer — Service and Employment | Andhra Pradesh HC (2024)

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!N THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY, THE TWENTIETH DAY OF SEPTEMBE TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 3998 OF 2022

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Between:

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T.Padmavathi, W/o. Ch.Kishore, Age; 34 years, Occ: Typist, O/o. Mandal Praja Parishad, Lldayagiri, SPSR Nellore District.

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...PETITIONER

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AND

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The Chief Executive Officer, Zilla Parishad, Podalakudu Road, SPSR Nellore District.

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The Commissioner, Panchayat Raj and Rural Development Department, PVS ICON Building, Near Reliance Digital,^PathuruCross Road Tadepalli, Guntur District, -522501, State of^{AndhraPradesh.}

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development 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 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 as well as Higher Grade and Telugu lower grade as well as including^PostGraduate Diploma in Computer Application Course(PGDCA), on the untenable

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ground that, the petitioner passed higher grade typewriting Telugu beyond prescribed period in the order of appointment is as highly illegal, arbitrary, unjust, improper, discriminatory, contrary to the provisions and contrary to the recent Division Bench judgment of this Honourable court in WP No.11321/2019, dated 14.8.2019 r/w recent judgment^{dated16.04.2021} in WP No.17966/2020 including orders in OA No. 2201/2014,^{dated2.9.2014} as well as proceedings issued in E.File.No.D4/265728/2019 dated 08.072021 of CEO, ZP, East Godavari Dist., Kakinada. (b) And consequently to direct the respondents to forthwith regularize the services of the petitioner v/.e.f her date of joining into duty as Typist with all consequential benefits, such as seniority, periodical increments without taking account of passing of Typewriting higher grade in Telugu belatedly, in view of similar relaxation orders which was granted in favor of certain class of employees vide G.O.Ms.No.116 GA (Ser.B) Dept,^{dated29.2.2008} and also petitioner already passed all technical qualifications apart from possessing of Post Graduation Diploma in Computer Application Course by the petitioner in view of law laid down by this Honourable courtⁱⁿ 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 2022

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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 forthwith regularize^{theservicesofthe} petitioner w.e.f her date of joining into duty and also declare her probation in the cadre of Typist without taking into account of passing of Typewriting higher grade in Telugu beyond prescribed period by taking account that the petitioner passed all technical qualifications, apart from possessing of PGDCA Course in view of law laid down by this Honourable^court in WP No. 11321/2019, dated 14.8.2019, r/w recent orders dated 16.04.2021 in

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WP No.17966/2020 and order in OA No. 2201/2014, dated 2.9.2014 of the erstwhile APAT as well as proceedings issued in E.File.No.D4/265728/2019 dated 08.07.2021 of CEO, ZP, East Godavari Dist., Kakinada in the same subject matter by duly finalizing proposal of MPDO, MPP, Udayagiri dated 9.03.2018.

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Counsel for the Petitioner: SRI SANTHAPUR SATYANARAYANA RAO Counsel for the Respondent No.1: M/s. B.V. APARNA LAKSHMI Counsel for the Respondent Nos.2 & 3: GP FOR PANCHAYAT RAJ AND

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RURAL DEVELOPMENT

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The Court made the following: ORDER

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APHC010060842022

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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 TWENTIETH 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: 3998/2022

Between;

T.padmavathi

...PETITIONER

AND

The Chief Executive Officer and Others ...RESPONDENT(S)

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Counsel for the Petitioner;

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1 .SANTHAPUR SATYANARAYANA RAO

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Counsel for the Respondent{S);

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GP FOR PANCHAYAT RAJ RURAL DEV

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2.B VAPARNA LAKSHMI

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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^{ofIndiaforthe} following relief;-

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"...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,particularlytheentire} action of the 1st respondent in not regularizing the^{servicesofthepetitionerinthecadre} of Typist and not releasing periodical increments,^{otherbenefits,despiteofpossessing} technical qualifications, such as Typewriting English^{loweraswellasHigherGradeand} Telugu lower grade as well as including Post Graduate^{DiplomainComputerApplication} Course{PGDCA), on the untenable ground that, the petitioner^passed higher grade typewriting Telugu beyond prescribed period in the^{orderofappointment} is as highly illegal, arbitrary, unjust, improper, discriminatory,^{contrarytotheprovisionsandcontrary} to the recent Division Bench judgment of this Honourable^{courtinWPNo.11321/2019,}

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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 as well as proceedings issued in E.File.No.D4/265728/2019 dated 08.072021. of CEO, ZP, East Godavari Dist., Kakinada. (b) And consequently 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, such as seniority, periodical increments without taking account of passing of Typewriting higher grade in Telugu belatedly, in view of similar relaxation orders which was granted in favor of certain class of employees vide G.O.Ms.No.116 GA (Ser.B) Dept, dated 29.2.2008 and also petitioner already passed all technical qualifications apart from possessing of Post Graduation Diploma in Computer Application Course by the petitioner in view of law laid down by this Honourable 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 and to pass....”

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Brief facts of the case are that the petitioner was appointed as Typist vide proceedings Rc.No.A2/8274/2009 dated 03.11.2009 against backlog vacancies meant for SC/ST communities, as the petitioner belongs to ST community. In the appointment order a condition was incorporated that the petitioner should acquire requisite qualifications i.e., Typewriting Higher Grade Telugu within the time frame allowed. Since the appointment of the petitioner, she is discharging her duties as Typist on computer.^{TheGovernmentitself} has taken a decision and relaxed acquiring the qualification of Typewriting as well as Shorthand vide G.O.Ms.No.116 GAD (Ser.B) Department dated 29.02.2008. The petitioner passed all technical qualifications much prior to her appointment including PGDCA except Typewriting Higher Grade Telugu. Later the petitioner acquired requisite qualification but beyond the time. Though, the petitioner obtained requisite qualification, the 1®‘ respondent is not regularizing the services of petitioner from the date of joining on the ground that the petitioner obtained qualification after the time frame. Aggrieved by the action of the 1®* respondent, the present Writ Petition is^filed.

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Heard Mr.S.Satyanarayana Rao, learned counsel for the^{petitionerand} learned counsel appearing for the respondents.

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On hearing, learned counsel for the petitioner while reiterating the contents urged in the writ petition, submits that,^{atthetimeofjoining,the} petitioner possesses all qualifications except Type^{WritingHigherGradein} Telugu. He further submits that the petitioner has^{beendischarginghisduties}

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as Typist on Computers, as the office is not using the^{typewritersandentire} correspondence and functioning of the office is through^{computersonly.He} also submits that the Government vide G.O.Ms.No.116 GAD^(Ser.B), dated 29.02.2008 issued exemption from acquiring the qualification^{ofTypewriting} as well as shorthand to the persons appointed between 05.03.1987 to 04.08.1988. He further submits that this Court has passed the order in W.P.No.17966 of 2020, dated 16.04.2021, regularizing^{theservicesofthe} petitioner therein in the cadre of Typist from the^{dateofherjoiningintoduty} with all consequential benefits vide E.File.No.D4/265728/2019, dated 08.07.2021 of CEC, ZP, East Godavari district. He would^{furthersubmitthat} the petitioner acquired requisite qualification but^{beyondthestipulatedthe} time.

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Learned counsel for the petitioner further placed reliance^oftheorders of the learned Tribunal and also the Division Bench of this Court dated 14.08.2019 in W.P.No.11321 of 2019, wherein the Hon’ble Division Bench discussed about the Government Grders and earlier orders passed by the learned Tribunal in similar circumstances, including relaxation given by the

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state Government, by way of the Government Orders and^{alsothepresent} situation, with regard to the non-usage of type machines^{andtheusageof} to conclusion that the very insistence of the respondent computers, came authorities cannot be sustained. Hence, in the instant^{case,thepetitioneris} also entitled for regularization of services as typist^{fromthedateofjoining,as} she possesses all the requisite qualifications. Therefore,^{learnedcounselfor} the petitioner requests this Court to allow the writ^petition. 6. Per Contra, learned counsel for the respondents^{wouldsubmitthatthe} in the appointment order provided to the petitioner, it is clearly stated that the petitioner shall acquire all the requisite qualifications^{inthestipulatedperiodof} time. But the petitioner has acquired Typewriting in^{TeluguHigherGrade} beyond the stipulated time. Therefore, the services^{ofthepetitionercannotbe} regularized, since the petitioner has not fulfilled^{theconditionsi.e.,passingof} the conditions laid down at the time of Higher Telugu typing exam as per appointment. Therefore, learned Assistant Government Pleader prays to dismiss the writ petition. 7. On considering the submissions of both the learned^{counselsandupon} perusing the entire material on record and also by^{followingthedecisionofthe} this Court is inclined to Hon’ble Division Bench of this Court as stated supra allow the Writ Petition.

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Accordingly, the Writ Petition is allowed. The 1®'^{respondentisdirected} to regularize services of the petitioner from the date^{ofjoiningintodutyas} Typist with all consequential benefits, within a period^{ofeight(08)weeksfrom} the date of receipt of a copy of this order. There^{shallbenoorderastocosts.} 09. As a sequel, miscellaneous applications pending, if^{any,shallstand}

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closed.

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//TRUE COPY//

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SDI- K.SRINIVASA RAJU assistant registrar /Section officer

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To,

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The Chief Executive Officer, Zilla Parishad, Podalakudu Road, SPSR Nellore District.

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The Commissioner, Panchayat Raj and Rural Development Department, PVS ICON Building, Near Reliance Digital,^PathuruCross Road Tadepalli, Guntur District, -522501. State of^{AndhraPradesh.}

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