P. Thanoj Kumar S/o. Late P. Nageswara Rao v. State of Andhra Pradesh, Rep. by its Secretary, Legal
2021-03-20
ARUP KUMAR GOSWAMI, C.PRAVEEN KUMAR
body2021
DigiLaw.ai
ORDER : ARUP KUMAR GOSWAMI, J. 1. Heard the learned counsel for the parties. 2. This writ petition is filed by a Junior Assistant-cum-Typist in the office of the Deputy Director of Prosecutions, Nellore. The basic grievance expressed is that Junior Assistants, Typists, Copyists, who belong to Andhra Pradesh Judicial Ministerial Staff, are eligible to take part in the selection process for the posts of Civil Judges (Junior Division), under the category of Recruitment by Transfer, but the Junior Assistants-cum-Typists working in the Prosecution Department are excluded from the eligible categories and, thus, the petitioner is unable to take part in such process. It is contended that Junior Assistants-cum-Typists in the Prosecution Department are similarly situated to the Andhra Pradesh Judicial Ministerial staff, such as, Junior Assistants, Typists, Copyists etc. The petition came to be filed in the wake of a Notification dated 03.12.2020 being issued for recruitment to the posts of Civil Judges (Junior Division). 3. It is to be noted that the aforesaid Notification dated 03.12.2020 was set aside and for the purpose of this case, it is not necessary to delve into the grounds on which the Notification was set aside. 4. By this petition, the petitioner prays for a direction to the High Court of Andhra Pradesh to include the post of Junior Assistant-cum-Typist in the Department of Prosecution in the eligible categories to enable the petitioner to apply for the post of Civil Judge (Junior Division) under the provision of Recruitment by Transfer. 5. It appears that the petitioner had submitted a representation dated 10.12.2020 to the High Court, seeking permission to take part in the examination for the post of Civil Judges (Junior Division) pursuant to the Notification dated 03.12.2020. The High Court had rejected his representation on 17.03.2021 in view of Rule 4(2)(d)(ii) of the Andhra Pradesh State Judicial (Service and Cadre) Rules, 2007. 6. In view of the above, learned counsel for the petitioner submits that the writ petition may be closed enabling the petitioner to avail appropriate remedy in accordance with law. 7. Accordingly, we dispose of this writ petition reserving liberty to the petitioner to take such steps as may be appropriate to ventilate his grievance in accordance with law. 8. No costs. Pending miscellaneous applications, if any, shall stand closed.