K. Vijaya Vardhan Babu Vs The state of Andhra Pradesh

K. VIJAYA VARDHA N BABU, S/O LATE K. DAS AGE 35 YE A RS, OCC - OFFICE SUBORDI N ATE A P SOCIAL WELFARE RE S IDENTIAL EDUCATIONAL INS T ITUTION SOCIETY TADEPALLI, GUNTUR DISTRICT.

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...PETITIONER

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AND

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THE STATE OF A N DHRA PRADESH, REP.BY ITS P RINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT SEC R ETARIAT, VELAGAPUDI, AMA R AVATHI. A.P

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ANDHRA PRADE S H SOCIAL WELFARE, RE S IDENTIAL EDUCATIONAL IN S TITUTIONS SOCIETY HEAD OFFICE, REPRESENTED BY I TS SECRETARY H.NO 12-467-9, 1S T FLOOR, NEAR MOKSHA SAL PLAZA BESIDE HIGHWAY TOWER S , BYPASS ROAD, TADEPALLI, G UNTUR DISTRICT-522501.

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India prayin g that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or orders direction more particularly one in the nature of writ of Mandamus declaring the action o f the 2nd Respondent for not considering petitioner case for promotion as Junior Assistant cum typist which is as illegal arbitrary and volatile of Arti c le 14,16 of constitution of Indian and Consequently direct the 2nd res p ondent to implementation the Seni o rity list and promote the petitioner as Junior

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Assistant Cum Typist and directed the 2nd respondent to give monetary benefits to the petitioner from date of qualification and to pass

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IA 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 2nd respondent to consider the petitioner representation letter dated 08.07.2022 for the promotion as Junior Assistant cum typist forthwith pending disposal of the writ petition and pending disposal of the above writ petition and to pass

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Counsel for the Petitioner:

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1.CH S V SURAJ

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Counsel for the Respondent(S):

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1.NOOKA JAGANNADHAM

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2.GP FOR SERVICES II

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The Court made the following: ORDER:

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Heard Sri CH.S.V.Suraj, learned counsel for the petitioner and Sri Nooka Jagannadham, learned counsel for the respondents.

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The petitioner was appointed as Office Subordinate on 30.12.2016 on compassionate grounds. The petitioner’s father, who was working as Superintendent in Andhra Pradesh Social Welfare Residential Education Institutions Society/JC [G] died on 18.02.2015 while in service. The petitioner was considered for appointment on compassionate grounds and he was accordingly appointed on 30.12.2016.

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It is contended that the petitioner, in 2017 acquired Bachelor's Degree

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in Science (B.Sc. Computers), apart from having a Bachelor’s Degree, the

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petitioner after joining the department, had also pursued a Diploma course in Computer Applications (PGDCA) in 2018. He had appeared in the departmental tests and also qualified for the Computer Proficiency Test conducted by the Andhra Pradesh Public Service Commission for the post of Junior Assistant-cum-Typist. He was also qualified in the Skill Test conducted on 04.02.2020. However, he was not considered for promotion to the post of Junior Assistant-cum-Typist. Thus, he made a representation on 20.03.2019 to the 2^nd respondent requesting that his case be considered for promotion. Since the same was not considered, a further representation was made on 12.02.2020 to the 2^nd respondent. Pursuant to the same, the 2^nd respondent issued proceedings dated 10.03.2020 stating that the petitioner did not qualify in the Skill Test, which is a mandatory requirement; therefore, his case was not considered for promotion.

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It is contended that the proceedings of the 2^nd respondent rejecting the case of the petitioner were issued on 10.03.2020. The petitioner had appeared for the Skill Test on 04.02.2020 and the result was declared on 21.06.2020. In the said result, the petitioner was declared as passed .

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It is thus contended that although the petitioner was qualified in the skill test the respondents, have not considered the case of the petitioner on the ground that the petitioner was not qualified in the Skill Test. The petitioner further contends that the required qualifications for appointment to the post of Junior Assistant-cum-Typist as per the standing order No.39/97 dated 08.12.1997 are: a) a Degree of a recognized University, b) Typewriting

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English (Lower Grade), c) a pass in Proficiency in Office Automation with usage of Computers and Associated software conducted by Andhra Pradesh Public Service Commission. He had also qualified in the skill test.

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The respondents have filed counter-affidavit, stating that the petitioner was appointed in 2016 on compassionate grounds. And G.O.Ms.No.112, General Administration (Ser.A) Department, dated 18.08.2017 was issued after the petitioner joined the department. Since the petitioner was appointed much prior to the issuance of the said G.O, the same is not applicable to the case of the petitioner. It is further contended that the petitioner does not possess the qualification in Typewriting English Lower Grade, which is a mandatory requirement for the post of Junior Assistant-cum-Typist. Therefore, the case of the petitioner was not considered for promotion to the post of Junior Assistantcum-Typist.

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Considering the submissions, this court deems it appropriate to dispose of the writ petition, granting liberty to the petitioner to approach the authority, as on the date of passing of the orders rejecting the case of the petitioner for promotion to the post of junior assistant, it is stated that the skill test results were not declared and the same were declared subsequently on 21.06.2020 in which, the petitioner was declared as passed.

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Having regard to the same, the Writ Petition is disposed of granting liberty to the petitioner to make an appropriate application to the 2^nd respondent for consideration of his case for promotion to the post of Junior

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Assistant-cum-Typist. Upon filing of such an application, the 2^nd respondent shall pass appropriate orders as per his eligibility and qualification within a period of two (02) months from the date of receipt of copy of the order. There shall be no order as to costs.

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As a sequel, all pending miscellaneous applications shall stand closed.

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______________________________ JUSTICE KIRANMAYEE MANDAVA

Date: 04.09.2025 SNI

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA