N Anusha Vs the State of Ap

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APHC010199672023

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3460]

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(Special Original Jurisdiction)

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SATURDAY,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 10262/2023

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Between:

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N ANUSHA, D/O LATE N.V.V.S. SAMBA SIVA RAO, AGED 34 YEARS, TYPIST, 0/O THE SE, PR CIRCLE, AMALAPURAM, R/O S-1, BULUSU ENCLAVE, RAMA RAO PETA, TOWN RAILWAY STATION ROAD, KAKINADA533003.

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...PETITIONER

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AND

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THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVTI.

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THE ENGINEERINCHIEF, PANCHAYAT RAJ DEPARTMENT, ANDHRA PRADESH, VIJAYAWADA.

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THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, KAKINADA.

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...RESPONDENT(S):

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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 topleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent No.3 in issuing notice vide Memo. No. A3/1004/1999, Dt.17.04.2023 as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and set aside the same and further declare that the petitioner is

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entitled for regularization of her services as .Typist as she has acquired all the requisite qualifications as on today and pass

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IA 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 pleased to direct the respondents to continue the petitioner as Typist by suspending the notice vide Memo. No. A3/1004/1999, Dt.17.04.2023 of the respondent No.3, pending disposal of the writ petition and pass

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IA NO: 2 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 Pleased to vacate the interim order dated 25-04-2023 in IA No. 1 of 2023 in WP no. 10262 of 2023 and to dismiss the Writ Petition and to pass

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IA NO: 1 OF 2025

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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 leased to direct the respondents to reserve a post of Senior Assistant, pending disposal of the writ petition and pass

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Counsel for the Petitioner:

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1.MANOJ KUMAR BETHAPUDI

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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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HON’BLE SRI JUSTICE NYAPATHY VIJAY

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W.P.No.10262 of 2023

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ORDER :

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This writ petition is filed questioning the action of the Respondent No.3 in issuing notice vide Memo No.A3/1004/1999, dated 17.04.2023, as illegal and arbitrary and for other consequent reliefs.

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The Petitioner was appointed as Typist on compassionate grounds vide proceedings in Progs.No.A3/1004/1999 issued by the Superintending Engineer, PR Circle, Kakinada dated 06.08.2018 temporarily and on condition that the Petitioner has to acquire Type writing English Higher Grade, Type writing Telugu Higher Grade and proficiency in Office Automation within two years from the date of appointment orders and till that time, the probation would not be declared nor annual increments will be granted. The Petitioner submits that she had acquired Type writing English Higher Grade, Type writing Telugu Higher Grade and proficiency in Office Automation by the month of February, 2023. Now the Petitioner is claiming for regularization of the services. The Petitioner due to familial conditions could not acquire the qualifications and sought for extension of time for acquiring the qualifications. The same was

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granted vide proceedings dated 10.08.2020 by extending time by two more years. The time was further extended on 16.08.2022 till 15.08.2023 to acquire qualifications. As Petitioner did not acquire qualifications within the extended period of two years and as extension is a one-time measure as per G.O.Ms.No.239 General Administration (Ser-A) Department dated 04.08.2000, notice was issued to submit willingness to join in lower post. Hence, this writ petition is filed.

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In the writ affidavit, it is stated that the Petitioner acquired qualifications in Typewriting and Shorthand in the years 2023 and the impugned notice was under misinterpretation of G.O.Ms.No.239 General Administration (Ser-A) Department dated 04.08.2000. In the course of submissions, the counsel for Petitioner submits that at present, there is no requirement of qualifications in Typewriting in English and Telugu.

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Sri S.Raju, Learned Assistant Government Pleader would submit that the Petitioner had not passed the prescribed test within the period of two years from the date of initial appointment as mentioned in the appointment order. As per Procs.No.A3/1004/1999 dated 10.08.2020 grace period of two more years was granted and as per Progs.No.A3/1004/1999 dated 16.08.2022 further grace

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period of one more year was granted to the Petitioner. As the Petitioner has not acquired the requisite qualification of Type writing English Higher Grade, Type writing Telugu Higher Grade and proficiency in Office Automation within the above extended grace period, she cannot be continued as Typist and impugned order cannot be faulted.

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Heard Sri Manoj Kumar Bethapudi, learned counsel for the Petitioner and learned Assistant Government Pleader for Services.

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The Annexure-I of the A.P. Ministerial Service Rules, 1998 prescribes the qualification for the post of Typist to which the writ petitioner was appointed. The qualification is that the candidate must have passed the Government Technical Examination in Typewriting by the Higher Grade in Telugu on Government standard Key board. In the event of lack of candidates qualified in Telugu Typewriting Higher Grade, candidates who have qualified in Telugu Typewriting Lower Grade can be appointed and in the absence of candidates who have qualified in Telugu Typewriting Higher or Lower Grade, the candidate with English writing qualification can be appointed, subject to the candidate qualifying in Telugu Typewriting within the period of probation, else, the annual increment would be postponed without cumulative effect.

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The qualification in Telugu Typewriting and English

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Typewriting being an essential condition of service for the post of Typist and statutory in nature, it is not in the realm of this Court to alter the said condition of service. If exemption from typewriting examination were to be given to a Typist, then the very nature of post is changed.

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The Hon'ble Supreme Court in State of Himachal Pradesh Vs Rajkumar 2022¹ at Para 10 (iv) opined as under:

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"10(v): In view of the dominance of rules that govern the relationship between the Government and its employee, all matters concerning employment, conditions of service including termination are governed by the rules. There are no rights outside the provision of the rules.”

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It is no doubt true that with passage of time, the usage of type writing machines has reduced and virtually all offices use computers, but even in modern computers, there is a provision for telugu keyboard in keyboard settings. It is not the case of the petitioner that she is qualified in Telugu Typewriting and English Typewriting on Computer but one of exemption from qualification per se , which is not permissible.

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1 Live Law (SC) 502

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Apart from this, the Petitioner having been appointed on compassionate grounds on condition of qualifying Type writing English Higher Grade, Type writing Telugu Higher Grade and proficiency in Office Automation tests within two years cannot turn around on the said condition.

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A Division Bench of this Court in W.A.No.1005 of 2023 had expressed similar views.

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As regards the exemption from qualification in Typewriting in English and Telugu, the same can only be prospective and cannot date back to the date of appointment of the Petitioner.

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In that view, this Court is of the opinion that in the absence of requisite qualification, the Petitioner cannot seek for consideration of her case for regularization from the date of initial appointment. However, the impugned proceedings proposing reversion to the lower post as she had not qualified within the time prescribed and the extended grace period, appears to be disproportionate, considering the family scenario of the Petitioner.

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The writ petition is, therefore, disposed of with the following directions:

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(i) The Respondents are directed to consider the case of the Petitioner for regularization, declaration of probation and grant of increments from the date of acquisition of qualifications as mentioned in the appointment order vide Proceedings Progs.No.A3/1004/1999 dated 06.08.2018, within a period of three (03) months from the date of receipt of a copy of this order.

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