K.Ram Bhupal Reddy Vs State of Andhra Pradesh

K.Ratn Bhupal Reddy, S/o. late K.Obul Reddy, aged about 29 years, Occ Junior Stenographer, Officer of The Deputy Inspector^{GeneralofPrisons,} Rayalaseema Region, Kadapa, YSR Kadapa District

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...PETITIONER

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AND

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The State of Andhra Pradesh rep. by its Principal Secretary, Home (Prisons) Department, Secretariat, Hyderabad 500 022

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The Deputy inspector General of Prisons, Rayalaseema Region, Kadapa, YSR District 524 001

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The Collector and District Magistrate, Kadapa, YSR^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 call for the records relating to proceedings^No.DIG KR OS E 362 2016 dt. 12.2.2016 issued by the 2"^ respondent and^{setasidethesameas} illegal arbitrary and unconstitutional against to the^{principlesofnaturaljustice} and consequently direct the respondent to continue the applicant as Junior Stenographer or in the alternative direct the respondents^{toposttheapplicant}

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as Junior Asst with continuity of service w.e.f. 2011 with all consequential benefits.

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Counsel for the Petitioner: SRI SANTHAPUR SATYANARAYANA RAO Counsel for the Respondent Nos.1 to 3: GP FOR SERVICES I

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The Court made the following order:

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APHC010218482021

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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[3311]

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(Special Original Jurisdiction)

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Wednesday, the Twenty Fifty day of June,

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two thousand and twenty five

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PRESENT

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THE HONOURABLE MS.JUSTICE B.S.BHANUMATHI

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WRIT PETITION TRANSFERED FROM AP(A.T.) NO:85 of 2021

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(O.A. No.939 of 2016)

Between:

K.Ram Bhupal Reddy

...Petitioner

and

The State of Andhra Pradesh and others

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...Respondents

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Counsel for the petitioner:

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1 .Santhapur Satyanarayana Rao

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Counsel for the respondents:

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1 .G.P. For Services-I

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The Court made the following:

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2

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BSB,J W.P.(A.T.)No.85of2021

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ORDER:-

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This petition is filed originally as O.A.No.939 of^{2016beforetheAndhra} Pradesh Administrative Tribunal, Hyderabad. After transfer^{ofthecasetothis} court it was re-numbered as W.P. (A.T.) No.85 of 2021. This petition^is filed to set-aside the proceedings No.DlG(KR)/OS(E)/362/2016, dated 12.02.2016 issued by the 2^^^ respondent as illegal, arbitrary, unconstitutional and against the principles of natural justice and consequently direct the respondents to continue the petitioner as Junior Stenographer or in alternate direct the respondents to post the petitioner as Junior Assistant with continuity of service with effect from 2011 with all consequential benefits and pass such other order or orders as they are deemed fit.

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The case of the petitioner, is briefly, as follows:a) The petitioner was appointed as Junior Stenographer by the 3 rd respondent on compassionate grounds vide Ref.No.A3/4330/2010 on 30.01.2011, on account of death of the petitioner’s^{fatherwhileinservice.The} petitioner is a B.Com graduate. He applied for the post of Junior Assistant to which he was eligible. However, he was given the post of Junior Stenographer for which he was not eligible. Immediately, the petitioner represented the same to the authorities. But, the 3'”'^ respondent stated that the government wanted to dispense with the scheme of compassionate appointments and it would be the last chance and if the petitioner is not willing to join, his request may not be considered again in view of the proceedings vide Ref.No.A3/2455/2010, dated 07.01.2011. Thus, the petitioner was given the post of Junior Stenographer with a condition to acquire the required qualifications to that post, within the time stipulated as per the rules. As per the Andhra Pradesh Ministerial Service Rules, 1998, a Junior Stenographer shall be appointed with the following qualifications;

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“i. Must have passed Intermediate examination or its^{APMinisterial} equivalent examination.

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BS^f W.P.(A.T.)No.85 of2021 ii. Must have pass the Government Technical examination in Typewriting in Higher Grade in the relevant language;^and

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iii. The Government Technical examination in shorthand by the higher grade in the relevant language, if however the persons who have passed the examination in Typewriting or Shorthand in Higher Grade are not available those who have passed the lower grade may be appointed.”

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b) It is clear that the appointment order did not specify the language ini nd which the shorthand higher examination has to be attended, The 2 respondent, while issuing posting orders vide proceedings dated 11.02.2011 imposed the following conditions: “a. That he must pass the Government Technical Examination in typewriting by the higher grade in English, b. That he must pass the Government Technical Examination in shorthand by the Lower Grade and Higher Grade in English,

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c. That he must acquire the qualifications mentioned at (a) & (b) within a period of (2) years as per para 2(vii) of government orders 3'’^ cited.

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d. That his services shall be regularized only from the date of acquiring the qualifications fully for the post of Junior Stenographer in terms of government Orders cited.”

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c) Under the above circumstances, though the petitioner was not eligible, he was forced to join the post of Junior Stenographer vide Proceedings No.DIG(R)/SA/189/2011, dated 11.02.2011, issued by the 2""^ respondent. Later, in spite of the efforts made by the petitioner, he could not acquire typewriting qualification due to ill-health of his son, who suffered from blood bleeding disorder. As per the G.O.Ms.No.969, General Administration (Services.A) Department, dated 27.10.1995 the petitioner is entitlec;! to

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BSB,J W.P.(A.T.)No.85 of 2021

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another period of two years for acquiring shorthand^{higherqualification.As} the respondent authorities had not considered the request^{forextensionof} time for acquiring the qualification, the petitioner^{filedO.A.No.935} of 2014 before the Andhra Pradesh Administrative Tribunal seeking extension of grace period for acquiring qualification. The Tribunal^{grantedinterimorder} dated 13.02.2014, directing the 3'"^ respondent to^{passorderontheproposal} sent by the 2"'* respondent in letter dated 18.02.2013^{withinaperiodoffour} weeks and not to revert the petitioner till such time.^{TheDistrictCollector,vide} reference letter dated 13.03.2014 addressed to the 2^^ respondent, extended the time for a period of 3 more years for acquiring^{requisitequalification.} Though the period of 3 years expired by 13.02.2016,^{thepetitionercouldnot} pass shorthand higher in English language, but, he^{passedtypewritinghigher} grade in English and shorthand lower grade in English^{duringtheextended} period. The petitioner submitted a representation dated 18.06.2013 to the 2^^ respondent requesting to post him as Junior Assistant^{inanydepartment} since he could not acquire the qualification of shorthand^{highergrade.The} representation was forwarded to the 3'^'^ respondent^{bythe2^^respondentfor} consideration. Again, the petitioner submitted another^{representationdated} 26.08.2015 seeking relaxation of condition to acquire^{shorthandhighergrade} in English and for regularization of his services, including declaration of probation. The petitioner submitted another representation^{on22.09.2015to} the 1®^ respondent detailing his family and financial^{problemsandtheirrural} background from which he hailed and requested the government^toexempt him from passing a test in shorthand higher grade in English. The 2'^'^ respondent passed order in a memo dated 23.11.2015, rejecting the request of the petitioner. The 2^^ respondent issued a show cause notice dated 28.01.2016, stating that the petitioner had not acquired the required qualification and directed him to submit explanation^{withinaperiodof} 7 days from the date of receipt of the notice or else to inform^{whetherhewaswilling} to work in any lower grade post i.e.. Office Sub-ordinate^andhewouldbe dischWged from his services as per the G.O.Ms.No.969, Qeneral

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W.P.(A.T.)No.85of2€2l Administration (Services.A) Department, dated 27.10.1995. The petitioner submitted explanation to the 2^'^ respondent requesting^{tocontinuehimas} Junior Stenographer or Junior Assistant since his application dated 22.09.2015 is pending before the 1^‘ respondent. However, the 1®* respondent did not pass any order on the representation of the petitioner. Imposition of the 2^^ condition in the posting order is contrary^{torulesandisnullandvoid.} The District Collector mentioned that the typewriting and shorthand higher examination in Telugu, but the same was changed by the posting authority to that of English language without any such authority.^{Theshowcausenotice} dated 28.01.2016, was challenged before the Andhra^{PradeshAdministrative} Tribunal by filing O.A.No.363 of 2016. Since a show cause notice cannot be challenged before the Tribunal, the petitioner was directed to submit the explanation and challenge the final order, if not satisfied. The 2"^ respondent, vide proceedings No.DIG (KR)/OS (E)/362/2016, dated 12.02.2016 issued orders consequent on failure to acquire technical qualification^{withinthetime} limit and discharged the petitioner from service in the cadre of Junior Stenographer and appointed him in a lower cadre post i.e.. Office Sub ordinate as a fresh candidate w.e.f. 12.02.2016 afternoon. The action of the 2^^^ respondent is illegal. Hence, this petition is^filed. d) The petitioner is entitled to continue as Junior Stenographer,^sincehe acquired the qualification of typewriting higher in English and shorthand lower grade in English as required by the Andhra Pradesh Ministerial Service Rules, 1998, because a Junior Stenographer can be appointed without qualification of shorthand higher grade in English. That apart, the government of Andhra Pradesh considered a case of a candidate possessing merit less than the petitioner and relaxed the condition to acquire the qualification of typewriting higher grade in English and Telugu, and also shorthand lower grade in English by issuing G.O.Rt.No.1048, Revenue (CT.1.2) Department, dated 22.11.2014 and G.O.Rt.No.1050, Revenue (CT.1.2) Department, dated

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BSB,J W.P.(A.T.)No.85of2021 22.11.2014. In these circumstances, the petitioner prayed to grant relief aforesaid. 3. The 2^'^ respondent filed counter with the averments briefly as follows;All the facts stated by the petitioner in his affidavit regarding appointment, conditions, representations and the orders passed are reiterated. Hence, they are not mentioned here again. The qualification required for a Junior Stenographer is shorthand higher grade and it is only if a candidate with shorthand higher grade is not available, a candidate who passed lower grade may be appointed. This condition applies only for appointment made under direct recruitment,^{butnotforthose} who are appointed conditionally (on compassionate ground).^Assuch,ashow cause notice dated 28.01.2016 was issued. Again, he was, requested vide Memo No.DIG(KR)/OS(E)/200/2016, dated 28.01.2016 to submit his reply within 5 days, as to whether he is willing to work in lower cadre post i.e.. Office Sub-ordinate. In the meanwhile, the petitioner^{filedO.A.No.363of2016} challenging the show cause notice dated 28.01.2016. The petitioner submitted his willingness to be appointed in the post of lower^cadre i.e., Office Sub ordinate vide his application dated 12.02.2016. In consonance with G.O.Ms.No.969, General Administration (SERVICES-A) Department, dated 27.10.1995. Thus, the petitioner was discharged from^{serviceinthecadreof} Junior Stenographer on the afternoon of 12.02.2016 and appointed as Office Sub-ordinate as a fresh candidate in the existing vacancy. The Andhra Pradesh Administrative Tribunal dismissed O.A.No.363 of 2016 observing that the petitioner, having chosen to be appointed as Junior Stenographer, cannot question the action of the respondents on that ground. The petitioner again filed O.A.No.939 of 2016 i.e., the present petition (numbered as W.P.(A.T.) No.85 of 2021) basing on the similar grounds which were^already answeredⁱⁿ O.A.No.363 of 2016, without raising any fresh ground.^{Therefore,thereareno} merits in the petition and the same is liable to be^dismissed.

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The petitioner filed reply affidavit with the

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BS W.P.(A.T.)No.85 of 2021 averments briefly as follows:

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The facts which were already recited in the affidavit are reiterated. Hence, they are omitted here. The appointment on compassionate grounds is also by way of direct recruitment. Therefore, the qualifications are equally applicable to the appointment of petitioner on compassionate grounds. Moreover, due to excessive usage of computers throughout the State in all offices, the government issued orders vide G.O.Ms.No.116, gad, dated 29.02.2008 and G.O.Ms.No.68, Finance (Admin.lll) Department, dated 11.03.2010 relaxing the condition to acquire type- writing lower and shorthand qualifications in respect of persons appointed under compassionate grounds. Due to lack of infrastructure, the government itself issued orders recently vide G.O.Ms.No.7, dated 14.06.2022 introducing proficiency test in Telugu typewriting keeping in view of the replacement of manual typewriters by computers and overall digitalization of governance. Apart from the above all recently, the Government issued G.O.Rt.no.113, Finance (OP.I) Department, dated 16.05.2022, exempting from acquiring the qualification of typewriting higher grade to certain individuals who were appointed on compassionate grounds. In spite of including G.O.Rt.No.1048, dated 22.11.2014 and G.O.Rt.No.1050, dated 22.11.2014, the 2^^ respondent erroneously issued the impugned order dated 12.02.2016, without considering the qualifications acquired by the petitioner. The impugned order is not only illegal, but also contrary to the various relaxation orders issued on the same subject matter, including judgment of the Division Bench of this High Court dated 20.01.2024 m W.P.No.831 of 2002, wherein, though the petitioner acquired technical qualifications belatedly, the writ petition was allowed with all consequential benefits. Similarly, this Court in W.P.(A.T.) No. 1508 of 2021, dated 05.08.2022 allowed the petition setting aside the order of discharge with a further direction to reinstate the petitioner with all consequential benefit without back wages. This Court, in W.P.No.6715 of 2019 reported in 2022 (6) ■ At D 238 (AP) allowed the writ petition. Under the circumstances similar to

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BSB,J W.P.(A.T.)No.85 of 2021 the facts in the case on hand, the same is resulted in W.P.(A.T.) No.233 of 2021, dated 01.12.2022. In those circumstances, the petitioner seeks to grant relief sought in the petition.

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Heard Sri Eathakota Venkata Rao, learned counsel representing learned counsel for the petitioner.

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Heard Sri V.Ram Manohar, learned Assistant Government^Pleaderfor Services-I.

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The fact that the petitioner acquired the qualification of typewriting higher (English) and shorthand lower grade (English) within a period of extended time for acquisition of qualifications is admitted. However, the main contention of the respondents is that the Rule in Andhra^{PradeshMinisterial} Service Rules, 1998, permitting appointment of a candidate with qualification of shorthand lower grade in the absence of a candidate with qualification of shorthand higher grade is applicable only to a candidate appointed by direct recruitment and not to a candidate conditionally appointed on compassionate grounds.

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This Court is unable to accept the contention of the respondents in this regard, because the qualification is the same either^{fordirectrecruitmentor} recruitment on compassionate ground. The only difference is that required qualification should be possessed by the candidate in case of appointment by direct recruitment, whereas such qualification can be acquired by candidate appointed on compassionate ground, within the period stipulated in the Rules or the period extended as per the proceedings cited^above.

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The qualification(s) required to be acquired by a candidate appointed on compassionate ground shall be the same qualification(s) as are applicable to a candidate appointed by direct recruitment. When the service rules provided for appointment of a candidate having qualification of shorthand lower grade as Junior Stenographer, in the event of non-availability of „ , candidate possessing qualification of shorthand higher grade, it is irrj-proper

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W.P.(A.T.)No.85of202l ' to contend that such relaxation is not applicable to appointment on compassionate ground. The condition for acquisition of qualification should be in consonance with rule for qualification applicable to the relevant category of the post. As such, just because a condition to acquire shorthand Higher Grade was imposed at the time of appointment, it is not that it cannot be relaxed at any time later, particularly when the relaxation of the qualification is available in the rule itself. Therefore, rejecting the request of the petitioner on that ground is illegal. In the absence of such requirement to have qualification of shorthand higher grade in English, the petitioner is otherwise fully qualified having acquired the other qualifications of typewriting higher grade in English and shorthand in lower grade in English, before the expiry of time before the acquisition of^he qualification. Therefore, the impugned^order is liable to be set-aside, even without referring to the other similar cases, if any. Therefore, this Court has not entered into discussion about the other cases referred by the petitioner.

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The written instructions dated 22.08.2024, given to^{theGovernment} Pleader states that the post of Office Sub-ordinate is governed by the Andhra Pradesh Last Grade Service Rules, 1992 and these Rules are applicable to the petitioner since 12.02.2016 on which date he was reverted to the post of Office Sub-ordinate, and that the petitioner was promoted to Junior Stenographer by transfer of service on 26.06.2021, as per the Andhra Pradesh Ministerial Service Rules, 1998 and that both the rules are different set of services and the request of the petitioner to^{continuehimasJunior} Stenographer or Junior Assistant could not be considered as per the above rules. 11. Since, the impugned order dated 12.02.2016 is liable to be set-aside, and the petitioner is entitled to work as Junior Stenographer during the period between 12.02.2016 and 26.06.2021, his service as Junior Stenographer shall be protected, with all consequential benefits, such as service for increment, promotion, pension etc., without monetary benefit. '

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BSB,J W.P.(A.T.)No.85 of 2021 12. In the result, the petition is allowed, the proceedings No.DIG(KR)OS (E)/362/2016, dated 12.02.2016 is set aside declaring that the petitioner is entitled to work as Junior Stenographer during the period between 12.02.2016 and 26.06.2021, with all consequential benefits, without actual monetary benefit of drawing salary as Junior Stenographer during the period.

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There shall be no order as to costs.

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Miscellaneous petitions, if any, pending, in this petition, shall stand closed.

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//TRUE COPY//

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Sd/- K. TATA RAO DEPUTY REGISTRAR

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SECTION OFFICER

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To.