PALLAPATI SRINIVASA RAO v. State of Andhra Pradesh
2022-09-14
TARLADA RAJASEKHAR RAO
body2022
DigiLaw.ai
ORDER : 1. The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “… to issue an order, proceeding, direction or an appropriate Writ, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent no.2 in issuing Rc.No.A2/532/2020, Dated 04.06.2021, altering service conditions of the petitioner after promotion as Typist, is contrary to the 2nd respondents own proceedings in Rc.No.A2/2063/2006, dated 23.07.2014 as illegal, arbitrary and ultravires and violative of principles of natural justice and violative of Articles 14, 16 and 309 of the Constitution of India and Ultra vires the provisions of A.P. State Ministerial Service Rules, 1998 & A.P. Subordinate Service Rules, 1996 and to pass such other or further order or orders…”. 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents. 3. The briefs of the case are that, the petitioner was appointed on 09.07.1997 as an Attender in the Office of the 3rd respondent i.e., Revenue Divisional Officer, Collector?s Office, Ongole. There after he was considered as a Driver from 08.02.2009 in the same Department and by the proceedings in Rc.No.A2/2063/2006, dated 23.07.2014, the petitioner was promoted as a Typist and working in the office of the 3rd respondent from fore noon of 01.08.2014 till date. Later, he was promoted as Typist by proceedings dated 23.07.2014 on the following conditions:- “1. The individual shall be regarded as a probationer in such service, class or category or be entitled by reason only of such appointment to any preferential claim to future appointments to such service. 2. That it is purely temporary and under emergency provision basis and does not confer any right of any kind on the individual, the appointing authority shall have the right to revert to a lower category or grade from which he was appointed by transfer at any time without any notice and without assigning any reasons therefor. 3. The individual is directed to join within 15 days stipulated under Rule 11(b) of Andhra Pradesh State and Subordinate Service Rules, 1996 read with the instructions contained in G.O.Ms.No.123 (GAD Ser.D) Department dated 14.03.2001 failing which he would forfeit the right of promotion to the cadre of Typist.” 4.
3. The individual is directed to join within 15 days stipulated under Rule 11(b) of Andhra Pradesh State and Subordinate Service Rules, 1996 read with the instructions contained in G.O.Ms.No.123 (GAD Ser.D) Department dated 14.03.2001 failing which he would forfeit the right of promotion to the cadre of Typist.” 4. It is the further contention of the petitioner that there is no such provision to acquire Telugu Typewriting Higher Grade as per the appointment of the petitioner as a Typist on promotion from the Driver. It is further submitted that Section 23 of the Andhra Pradesh Ministerial Service Rules, 1998, (for short, “the Rules, 1998”) postulates, “Allotment of candidates without Special qualifications: When a candidate is required to fill any post for which special qualifications are prescribed by these rules, the order indicated in the list of approved candidates may be departed from in so far as such departure may be necessary in order to secure the appointment of a candidate possessing such special qualifications”. It says that if a person with qualification prescribed in item (ii) of the Rules are not available then the person qualified in Typewriting lower grade if otherwise, qualified be appointed. 5. As per Rule 31 of Andhra Pradesh State and Subordinate Services Rules, 1996, (for short, “the Rules, 1996) the Governor shall have the power to relax any rules contained in these rules or special rules, in favour of any person or class of persons, in relation to their application to any member of a service or to any person to be appointed to the service, class or category or a person or a class of persons, who have served in any civil capacity in the Government of Andhra Pradesh in such manner as may appear to be just and equitable to him, where such relaxation is considered necessary in the public interest or where the application of such rule or rules is likely to cause undue hardship to the person or class of persons concerned. Without considering this aspect, the impugned proceedings dated 04.06.2021 were issued and thus, prayed to suspend the impugned proceedings. 6. Per contra, learned Government Pleader appearing for the respondents would contend that, this Court by Order dated 20.12.2021 directed that, no action pursuant to the proceedings dated 04.06.2021 shall be taken for a period of eight weeks and the same was extended from time to time.
6. Per contra, learned Government Pleader appearing for the respondents would contend that, this Court by Order dated 20.12.2021 directed that, no action pursuant to the proceedings dated 04.06.2021 shall be taken for a period of eight weeks and the same was extended from time to time. He would further contend that, the petitioner has passed only lower grade in Telugu Type Writing and accordingly was appointed by transfer from lower grade as per Rule 10(b) of the Rules, 1996 temporarily. But he has not passed Telugu Type Writing examination in High Grade within the grace period i.e., 5 years. Accordingly, notice was issued vide proceedings in Rc.No.A2/56396/2020, dated 21.11.2020 to the petitioner for not acquiring required qualification for the post to which he has appointed by promotion. To the said notice, the petitioner has submitted his representation to the Collector & District Magistrate, Prakasam District, Ongole requesting further period of one year time to acquire the requisite qualification and also permit him to continue as Typist for such time. On examination of the above request and due to Covid-19 pandemic and lockdown imposed by the Government, the Collector and District Magistrate, Prakasam District i.e., 2nd respondent has issued proceedings vide Rc.A2/532/2020, dated 04.06.2021 and extended time to acquire the requisite qualification i.e., Telugu Higher Type Writing Grade for further period of one year with effect from 01.01.2021. Without obtaining the said qualification, the petitioner herein has approached this Court and got filed the present Writ Petition as he has not possessed the requisite qualification as per the Rules, 1998 and as such the petitioner is not entitled for any relief and prayed to dismiss the Writ Petition. 7. The contention of the petitioner is that the appointment proceedings does not specifically prescribed to acquire the Telugu Type Writing Higher Grade qualification and the Rules 1996, says that, provided that if persons with the qualification prescribed are not available, candidates who have passed the above examination in Type Writing by Lower Grade if otherwise qualified be appointed’. 8. In the present day scenario, where the computers are replacing the type writers everywhere and the typewriting qualification becoming unsuitable, redundant of knowledge of computers and the ability to type in computers both in Telugu and English is essential and useful for the smooth flow of Office work.
8. In the present day scenario, where the computers are replacing the type writers everywhere and the typewriting qualification becoming unsuitable, redundant of knowledge of computers and the ability to type in computers both in Telugu and English is essential and useful for the smooth flow of Office work. In view of the above stated reason, learned counsel for the petitioner prays to set aside the impugned proceedings and direct the respondents to continue the petitioner in the post of Junior Assistant. 9. As rightly contested by the learned counsel for the petitioner, the appointment order as advised, does not indicate that the petitioner shall possess Type Writing Telugu Higher Grade qualification as such it can be discerned that the appointment of the petitioner as Typist was as per Rule 6(iii) of Rules, 1998. The said Rule is extracted as hereunder:- Class & Category Method of Recruitment Qualification Typists in Telugu/ English in the offices other than HODs and Directorates By direct recruitment or transfer (i) Must hold a Bachelor ‟ s Degree on any University recognized by the UGC or any equivalent qualification. (ii) Must have passed the Government Technical Examination in Typewriting by the Higher Grade in Telugu on Government Standard Key Board. (iii) Provided that if persons with the qualification prescribed in item (ii) above are not available candidates who have passed the above examination in Typewriting by Lower Grade if otherwise qualified by appointed. (iv) Provided further that candidates who possess typewriting qualification in English by Lower Grade besides the qualifications mentioned in items (ii) and (iii) above shall be given preference for appointment by direct recruitment. Hence, directing the petitioner to acquire Type Writing Telugu Higher Grade qualification is arbitrary. Now-a-days, as per the present scenario, the type writers are replaced by computers. Hence, type writers are not indispensable. 10. Thus, in view of the reasons stated above, the present Writ Petition is allowed by setting aside the impugned proceedings in Rc.A2/532/2020, dated 04.06.2021. No costs. Miscellaneous Petitions pending, if any, shall stand closed.