ORDER : Arup Kumar Goswami, J. 1. Since all these three cases are listed together and as similar questions have been raised, they have been heard together and are disposed of by this common order. 2. Heard Sri G. Ramachandra Rao, learned counsel representing Sri G. Pedda Babu, learned Counsel for the Petitioner in W.P.No.953 of 2021, Sri D. Anil Kumar, learned Counsel for the Petitioner in W.P. No. 12959 of 2019, and Ms. S. Parineeta, learned Counsel for the Petitioner in W.P. No. 23411 of 2020. Also heard Sri K. Srinivasa Rao and Sri S. Nageswara Reddy, learned Standing Counsel for High Court. 3. The basic facts in W.P.No.953 of 2021 are as follows: (i) The Petitioner was appointed as Attender in the year 1994. He was subsequently promoted as Record Assistant and now working as such in the Court of Principal Junior Civil Judge’s Court, Sattenapalli, Guntur District. The Petitioner had passed Intermediate examination. The Petitioner, at the time of filing the Writ Petition, had 1 year 11 months of service to his credit. (ii) The promotion post from the post of Attender is the post of ‘Junior Assistant’. In terms of the Andhra Pradesh Judicial Ministerial Service Rules, 2003 (for short, ‘2003 Rules’), as amended by G.O.Ms.No.100 dated 08.08.2013, the post of Junior Assistant is to be filled up by ‘50% by direct recruitment; 50% by promotion of Examiners (Category-11/Copyists (Category-12) from the combined seniority and appointment by transfer from the post of Record Assistants, Drivers and Process Servers by fixing ratio of 8:4:1:3 in a cycle of 16 vacancies as prescribed in Note 2.’ The qualification prescribed to the post of Junior Assistant ‘by direct recruitment or by promotion’ is that ‘a candidate must have passed intermediate examination conducted by the State Board of Intermediate Education or its equivalent. Must have knowledge or qualification in computer operation.’ (iii) By G.O.Ms.No.76 dated 15.05.2019, in exercise of powers conferred by the proviso to Article 309 of the Constitution of India and in supersession of the 2003 Rules, as amended from time to time, the Government of Andhra Pradesh framed the Andhra Pradesh Judicial Ministerial and Subordinate Service Rules, 2019 (for short, ‘2019 Rules’). In terms of the 2019 Rules, post of ‘Junior Assistant’ is to be filled up ‘by 50% by way of direct recruitment; 50% by promotion of Examiner (Category-11/Copyists (Category-12) from the combined seniority and promotion of Record Assistant/Roneo Duplicator Operator/Lift Operator (Category-15(a)(b)(c), Senior Driver / Driver (Category-13&14) and Process Server (Category-16) by fixing ratio of 8:4:1:3 in a cycle of 16 vacancies as prescribed in Note 2’. (iv) “Note 2” deals with ‘Cycle for Promotion of Senior Assistant’ and as well as ‘Cycle for Promotion of Junior Assistant.’ The qualification prescribed for the post of Junior Assistant either by direct recruitment or by promotion, is as under : “Must have passed Bachelor’s Degree of any University in India established or incorporated by or under a Central Act, State Act or Provincial Act or an Institution recognized by the University Grants Commission or any equivalent qualification. Must have knowledge or qualification in computer operation.” (v) Thus, the qualification prescribed for the post of Junior Assistant is raised to Bachelor’s Degree of any University from earlier Intermediate passed. (vi) The Petitioner had submitted a representation to the Principal District Judge, Guntur, on 09.12.2020 for promotion, but the same was rejected by an order dated 14.12.2020 holding that as the services of the Petitioner was below two (02) years, he cannot acquire the qualification of graduation within a period two years in case his candidature is considered as per Rule 35(b) of the 2019 Rules. 4. The basic facts in W.P.No.12959 of 2019 are as follows: i) The Petitioner was appointed as Examiner on 27.10.1983 and he earned promotions during service as Junior Assistant, Senior Assistant and Superintendent (Category-III). At the time of filing the Writ Petition, the Petitioner was working as Superintendent (Category-III), Principal Junior Civil Judge’s Court, Madanapalli, on deputation at Special Judicial First Class Magistrate for Excise Court, Chittoor. (ii) The promotional post from the post of Superintendent is the post of ‘Senior Superintendent’. In terms of the 2003 Rules, as amended by G.O.Ms.No.100 dated 08.08.2013, the post of Senior Superintendent is to be filled by promotion. The qualification prescribed to the post of Senior Superintendent ‘by promotion’ is that ‘a candidate must be an intermediate. Must have passed prescribed Departmental tests i.e., Civil Judicial Test Part-I & II, Criminal Judicial Test, Accounts Test for Subordinate Officers Part-I and Translation Test’. The qualification prescribed to the post of Senior Superintendent ‘by promotion’ is that ‘a candidate must be an intermediate. Must have passed prescribed Departmental tests i.e., Civil Judicial Test Part-I & II, Criminal Judicial Test, Accounts Test for Subordinate Officers Part-I and Translation Test’. (iii) In terms of the 2019 Rules, the post of ‘Senior Superintendent’ is to be filled up by promotion from the post of Superintendent. The qualification prescribed for the post of Senior Superintendent by promotion, is as under: “Must be a graduate from any recognized University. Must have passed Departmental tests i.e., Civil Judicial Test Part-I & II, Criminal Judicial Test, Accounts Test for Subordinate Officers Part-I and Translation Test” (iv) Thus, the qualification prescribed for the post of Senior Superintendent is raised to Bachelor’s Degree of any University from earlier Intermediate passed. (v) It is the case of the Petitioner that he is eligible to be promoted to the post of Senior Superintendent (Category2), except for qualification of Graduation, which is now prescribed as a pre-requisite. (vi) The Petitioner had submitted a representation to the Principal District Judge, Chittoor District, on 30.08.2019, for promotion to the post of Senior Superintendent. In the said representation, it is stated that he has 2 years and 9 months service left. 5. The basic facts in W.P. No. 23411 of 2020 are as follows: i) The Petitioner was appointed as a Copyist. She was promoted to the post of Junior Assistant and thereafter, to the post of Senior Assistant. In the Writ Affidavit, it is stated that the Petitioner will attain superannuation in the month of April, 2021. (ii) The promotional post from the post of Senior Assistant is the post of ‘Superintendent’. In terms of 2003 Rules, as amended by G.O.Ms.No.100 dated 08.08.2013, the post of Superintendent is to be filled up by promotion. The qualification prescribed to the post of Superintendent ‘by promotion’ is that ‘a candidate must be an intermediate. Must have passed prescribed Departmental tests i.e., Civil Judicial Test Part-I & II. Criminal Judicial Test, Accounts Test for Subordinate Officers Part-I and Translation Test i.e., (i) Translation from English to the Regional Language and (ii) Translation from Regional Language to English. (iii) In terms of the 2019 Rules, the post of ‘Superintendent’ is to be filled up by promotion from the post of Senior Assistant. Criminal Judicial Test, Accounts Test for Subordinate Officers Part-I and Translation Test i.e., (i) Translation from English to the Regional Language and (ii) Translation from Regional Language to English. (iii) In terms of the 2019 Rules, the post of ‘Superintendent’ is to be filled up by promotion from the post of Senior Assistant. The qualification prescribed for the post of Superintendent by promotion, is as under: “Must be a graduate from any recognized University. Must have passed prescribed Departmental tests i.e., Civil Judicial Test Part-I & II, Criminal Judicial Test, Accounts Test for Subordinate Officers Part-I and Translation Test i.e., (i) Translation from English to the Regional Language and (ii) Translation from Regional Language to English. Preference shall be given to those who have computer skills for direct recruitment only. Provided that a person appointed by direct recruitment shall pass the prescribed departmental test within the period of probation if he has not already passed.” (iv) Thus, the qualification prescribed for the post of Superintendent is raised to Bachelor’s Degree of any University from earlier Intermediate passed. 6. It is the case of the petitioners that before 2019 Rules came into force, the petitioner in W.P.No.953 of 2021 was eligible to be promoted to the post of Junior Assistant, the petitioner in W.P.No.23411 of 2020 was eligible to be promoted to the post of Superintendent and the petitioner in W.P.No.12959 of 2019 was eligible to be promoted to the post of Senior Superintendent. But, because of the present qualification prescribed under 2019 Rules, they are deprived of promotion at the fag end of their service career. 7. Learned counsel for the Petitioners draw the attention of the Court to Rule 35(b) of 2019 Rules and submit that persons who are in service but do not have the requisite qualification of Bachelor Degree are also entitled to be promoted to the post of Junior Assistant, Superintendent, Senior Superintendent, respectively, subject to acquiring the prescribed qualification within a period of five (05) years from the date of promotion and that the concession shall be in force for a period of three (03) years from the date of coming into force of the Rules. 8. 8. Learned Counsel for the Petitioners submit that Rule 35 of 2019 Rules, which is on the subject of Transitory Provisions, has not taken care of interest of employees, such as the Petitioners, who have less than three (03) years of service left when the Rule was brought into force. It is submitted that even though the Petitioners may not have three years of service left for acquiring the qualification, the same cannot act as a bar for the authorities to consider promotion of the Petitioners to the next higher post of Junior Assistant, Superintendent, Senior Superintendent, respectively. 9. Learned Standing Counsel for the High Court, on the other hand, submit that as during the service period remaining the Petitioners cannot acquire the requisite qualification, question of consideration of their cases does not arise. 10. We have considered the submissions of the learned counsel for the parties and perused the material on record. 11. For the purpose of present cases, Rule 35(b) of 2019 is relevant and it reads as follows: “35. Transitory Provisions: (a) In case of person who are in service on the date of issue of these rules and who are eligible for promotion or transfer to a higher post and for whom a test is now prescribed as a pre-requisite for such promotion or appointment by transfer but for whom such test was earlier required to be passed after promotion or transfer within the period of probation, may be promoted or transferred, even though they have not passed the tests, but shall be required to pass the test within the prescribed period of probation for such higher post. This concession shall be in force for a period of two years from the date of issue of these rules. (b) In case of persons who are in service on the date of issue of these rules and who are otherwise eligible for promotion to the higher posts of category (2) to (10) and for whom a Graduation Qualification is now prescribed as a pre-requisite for such promotion, may be promoted, even though they do not possess the Graduation Qualification, but they shall be required to acquire the prescribed qualification within the period of five (5) years from the date of promotion. This concession shall be in force for a period of three (3) years from the date of issue of these rules.” 12. This concession shall be in force for a period of three (3) years from the date of issue of these rules.” 12. A perusal of Rule 35(b) of 2019 Rules goes to show that the persons who were in service on the date of coming into force of the Rule and who are otherwise eligible for promotion to the higher posts of category (2) to (10) and for whom a Graduation Qualification is now prescribed as a pre-requisite for such promotion, may also be promoted, even though they do not possess the Graduation Qualification. This is subject to condition that such persons shall be required to acquire the prescribed qualification within the period of five (5) years from the date of promotion and this concession will be in force for a period of three (3) years from the date of coming into operation of the Rules. 13. It is true that minimum of three years is required to acquire the graduation qualification and the Petitioners do not have that length of service to acquire the qualification of graduation during their service period. 14. A perusal of the Rule goes to show that the Rule is silent as to what will happen to a person who was granted promotion although not possessing the requisite graduation qualification and who fails to acquire the prescribed qualification within a period of five years from the date of promotion. 15. We are of the opinion that when promotion is given with a condition attached, the logical corollary would be that such person shall be reverted back to the post from which he was promoted in case he fails to fulfill the condition. 16. Rule 35(b) of 2019 Rules, as such, has not taken care of the situation, which confronts the Petitioners, namely, what will happen to those who have less than three years of service left. In a situation of this kind, we are of the considered opinion that when benefits have been granted to persons more or less in similar situation, the Rule may not be interpreted in a manner so as to disentitle persons in service who have got less than three years of service from being considered for promotion. 17. In a situation of this kind, we are of the considered opinion that when benefits have been granted to persons more or less in similar situation, the Rule may not be interpreted in a manner so as to disentitle persons in service who have got less than three years of service from being considered for promotion. 17. In our considered opinion, it will be in the interest of justice that any person who has got less than three years of service is also entitled to be considered for promotion in the light of Rule 35(b) of 2019 Rules. He has to obtain the requisite prescribed graduation qualification within a period of five years from the date of promotion, if given, irrespective of the fact as to whether he is in service or not. In case, after retirement, he does not pursue the course for acquiring the qualification of graduation or has failed to obtain the qualification within the prescribed period of time, necessary consequences will have to follow, which, in other words, would mean that his retirement benefits would have to be recalculated, taking his retirement to have been from the post from which the promotion was effected. 18. In that view of the matter, we hold that whether or not the persons are in service for requisite length to acquire the graduation qualification is not a relevant consideration. What is relevant is that they must acquire the qualification within a period of five years from the date of promotion, if given. On failing to meet the requirement, the inevitable consequences will follow automatically reverting such persons to the post from which they had been promoted in terms of Rule 35(b) of 2019 Rules. 19. The Writ Petitions stand disposed of in terms of the above directions and observations. 20. No order as to costs. Pending miscellaneous applications, if any, shall stand closed.