K.Mahitha Vs The High Court of Andhra Pradesh

K.MAHITHA, D/O. K.SATYANARAYANA RAO, AGE- 45 YEARS, OCCSTENOGRAPHER THE IIIRD ADDITIONAL. JUNIOR CIVIL JUDGE'S COURT, NELLORE, S.P.S.R. NELLORE DISTRICT.

¶11

...PETITIONER

¶12

AND

¶13

THE HIGH COURT OF ANDHRA PRADESH, , AMARAVATHI, GUNTUR DISTRICT REPRESENTED BY ITS REGISTRAR (ADMINISTRATION).

¶14

THE PRINCIPAL DISTRICT JUDGE, NELLORE, S.P.S.R.NELLORE DISTRICT.

¶15

THE PRINCIPAL DISTRICT JUDGE, , KURNOOL , KURNOOL DISTRICT.

¶16

THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, LAW DEPARTMENT, A.P. SECRETARIAT, AMARAVATHI,GUNTUR DISTRICT.

¶17

...RESPONDENT(S):

¶18

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 to declare the action of the

¶19

2

¶20

2nd respondent in issuing the Proceedings in RCA.No 32/2018 dated 22-062018 communicated in Dis No 3577/2018 dated 22-06-2018 in placing the Petitioner as Stenographer Grade-III in Nellore Unit as illegal ,arbitrary and violative of Article 14 of the Constitution of India and contrary to the orders passed by the Hon'ble High Court in W.P.No 23451 of 2017 dated 13-09-2017 and consequently set aside the Proceedings in RCA.No 32/2018 dated 22-062018 communicated in Dis No.3577/2018 dated 22-06-2018 issued by the 2nd respondent in so far as the petitioner is concerned and direct the 2nd respondent to place the petitioner as Stenographer Grade-H in Nellore Unit with all incidental and consequential benefits and to pass

¶21

IA NO: 1 OF 2021

¶22

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 2nd respondent to place the petitioner as Stenographer Grade-II in Nellore Unit pending disposal of the above writ petition and to pass

¶23

Counsel for the Petitioner:

¶24

1.D BALAKRISHNAIAH

¶25

Counsel for the Respondent(S):

¶26

1.R ANNAPURNA

¶27

2.GP FOR LAW LEGISLATIVE AFFAIRS

¶28

3

¶29

The Court made the following Order: (per Hon’ble Sri Justice R. Raghunandan Rao)

¶30

The petitioner had been appointed as a Steno-Typist in the unit of the District & Sessions Judge, Kurnool, by proceedings dated 27.02.2004. This appointment was regularized by another proceeding dated 11.04.2006, with effect from 25.03.2004. Subsequently, the probation of the petitioner was also declared by proceedings dated 18.07.2006, issued by the Principal District Judge, Kurnool, declaring the probation of the petitioner with effect from 04.03.2006. The petitioner after working for some time in the Kurnool unit, had sought a transfer to the Nellore unit. This request was accepted and the petitioner was transferred from Kurnool unit to Nellore unit, by the High Court, in proceedings, in ROC.No.1289/2009-C3, dated 01.10.2009 and the subsequent proceedings of the Principal District & Sessions Judge, Nellore, dated 20.10.2009.

¶31

The Andhra Pradesh Judicial Ministerial Service Rules, 2003 was reorganized, on account of the recommendation of the Justice Jagannatha Shetty Commission and the post of Steno-Typist was split into three Grades of Stenographers Grade-I, II & III. This reorganization was brought into effect from 01.04.2003.

¶32

Under this reorganization, the petitioner was initially placed in Grade-III with effect from 01.04.2003 and subsequently promoted to Stenographer Grade-II with effect from 06.05.2004, in the Kurnool unit. However, the petitioner was placed in Stenographer Grade-III in the Nellore unit.

¶33

Aggrieved by the action of the Principal District & Sessions Judge, Nellore, in placing her in Grade-III of the Stenographer category, the petitioner has approached this Court by way of the present Writ Petition.

¶34

In similar circumstances, this Court by an Order dated 30.12.2024, in W.P.No.20451 of 2018, had directed the Principal District & Session Judge concerned to place the petitioner, in that Writ Petition, in the

¶35

4

¶36

Stenographer Grade-II category, at the bottom of the list of Stenographer Grade-II and to give all consequential seniority and promotions.

¶37

Smt. P. Annapurna, the learned Standing Counsel appearing for the respondents would contend that there is a necessity to modify the relief in the present Writ Petition, on the ground that the petitioner had initially had been allotted in the category of Stenographer Grade-III with effect from 23.05.2004 and could not have been promoted to the category of Stenographer Grade-II for a minimum period of two years, as probation would have to be completed. Consequently, the petitioner could have been placed in Stenographer Grade-II only with effect from 04.03.2006 and not with effect from 06.05.2004. There is a considerable force, in the said submission, and this Court does not find any reason to reject the said submission.

¶38

Accordingly, this Writ Petition is disposed of with a direction to the Principal District & Sessions Judge, Nellore, to place the petitioner in the category of Stenographer Grade-II with effect from 04.03.2006 at the bottom of the list of Stenographer Grade-II and to give all consequential seniority and promotions. There shall be no order as to costs.

¶39

As a sequel, pending miscellaneous applications, if any, shall stand closed.

¶40

_______________________

¶41

R. RAGHUNANDAN RAO, J.

¶42

_________________ T.C.D. SEKHAR, J.

¶43

Dated: 18.08.2025 BSM

¶44

5