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2024 DIGILAW 1325 (AP)

K. Kishore Kumar v. District Collector

2024-09-20

K.MANMADHA RAO

body2024
ORDER : (K. Manmadha Rao, J.) : This petition is filed under Article 226 of the Constitution of India for the following relief:- “…pleased to issue a Writ, order or direction more particularly one in the nature of Writ of MANDAMUS. (a) By declaring the entire action of the respondents, particularly the entire action of the 2nd respondent in issuing the present impugned order vide proceedings NO.869/A1/2022 dated 8-2-2022, (and same is kept in the website of 3rd respondent on 10-2-2022 in the afternoon hours) wherein straight away posting the petitioner in the lower post as an office sub ordinate and treating him as typist up to 24-1- 2022 with retrospective effect, instead of regularizing the services of the petitioner and not declaring probation in the cadre of Typist with other benefits, despite of possessing qualifications, such as Degree in B.Tech Computer Science Engineering, and also acquired English Lower Grade Typewriting as well as compute course certificate of MS Office, C.C. plus plus ., on the untenable ground that, the petitioner did not acquired typewriting Higher Grade in Telugu qualification which was prescribed in his order of appointment dated 09.01.2017 is as highly illegal, arbitrary, unjust, improper, discriminatory, and contrary to the recent Division Bench judgment of this Hon'ble court in WP No.11321/2019, dated 14.8.2019 r/w recent judgment dated 16.04.2021 in WP No.17966/2020 including orders in OA No. 2201/2014, dated 2.9.2014, as well as relaxation orders issued in favor of similarly situated vide GO.Ms.No.11 dated 29-2-2008 and GO.Ms.No.68 dated 11-3-2010 in the same subject matter and set aside the present impugned orders of the 2nd respondent dated 8-2-2022. (b) And consequently to direct the respondents to forthwith regularize the services of the petitioner w.e.f his date of joining into duty as Typist and declare his probation with all consequential benefits without taking account of passing of Typewriting qualification in Telugu Higher Grade, in view of similar relaxation orders which was granted in favor of certain class of employees vide G.O.Ms.No.116 GA (Ser.B) Dept. dated 29.2.2008 and G.O.Ms.No.68 dated 11.03.2010 and in view of acquiring Degree in B.Tech Computer Science Engineering, and computer course certificate of MS Office, C, C plus plus as well as Typewriting in English Lower Grade in view of law laid down by Division Bench of this Hon'ble Court in WP No.11321/2019, dated 14.08.2019, r/w recent orders dated 16.04.2021 in WP No.17966/2020 as well as orders in OA No.2201/2014, dated 02.09.2014 of the erstwhile APAT in the same subject matter, without reference to the present impugned orders dated 8-2-2022 of the 2nd respondent and to pass….” 2. Brief facts of the case are that the father of the petitioner was died in harness, while he was working as a Head Warder, Central Prison, Kadapa. Consequent to death of the petitioner’s father, he made a representation to the 1st respondent by enclosing all necessary documents for appointment to suitable post on compassionate grounds. On 09.01.2017, the petitioner was appointed as a Typist vide proceedings Ref No.A3/2300/2016. However, at the time of issuing appointment orders it was mentioned that the petitioner has to produce the Telugu Typewriting Higher Grade qualification with the time frame allowed. The petitioner could not obtain the higher grade qualification within the time allowed. Then, the 2nd respondent extended two (2) more years to acquire Typewriting Higher Grade in Telugu vide proceedings dated 05.03.2019 and subsequently granted one (1) more year and the said grace period was expired. Then, the 2nd respondent addressed a letter No.APTS/7490/A1/2021 dated 20.12.2021 for granting one more attempt to appear for technical examinations which are going to be held during February 2022. Due to COVID-19, the Board of Technical Education cancelled the type writing examination during February 2022. Even after that, the petitioner could not obtain requisite qualification. Therefore, the 2nd respondent issued impugned order dated 08.02.2022 and same is kept in the official mail of 3rd respondent office wherein straight away posting the petitioner in lower post as an office sub ordinate and treating him as typist upto 24.01.2022 with retrospective effect, instead of regularizing the services of the petitioner and not declaring the probation in the cadre of typist on the ground that the petitioner did not acquire typewriting Higher Grade in Telugu qualification is illegal and arbitrary. Aggrieved by the same, the present Writ Petition is filed. 3. Aggrieved by the same, the present Writ Petition is filed. 3. The 2nd respondent filed counter affidavit denying all the allegations made in the writ petition. It is further stated that the petitioner was appointed on 09.01.2017 and the time was given to the petitioner to pass requisite qualification is two years from date of joining i.e., 24.01.2019. But the petitioner did not acquire the requisite qualification. Further, the 2nd respondent extended two years’ time to acquire requisite qualification as per G.O.Ms.No.969, General Administration (Ser.A) Department, dated 27.10.1995. But the petitioner did not acquire the requisite qualification. The 2nd respondent extended one more year time to acquire requisite qualification as per G.O.Ms.No.289, General Administration (Ser.A) Department, dated 04.08.2000. But the petitioner did not acquire the requisite qualification in total of five years. Hence, the 2nd respondent issued a Memo No.Typist/A1/2022, dated 17.01.2022, directing the petitioner to submit his willingness for consideration of appointment to lower post, i.e., Office Subordinate and it was mentioned that if the willingness of the petitioner was not received by 24.01.2022, it will be construed that he was not willing to take the lower post and hence his services will be discharged after the date mentioned above. As the petitioner did not submit his willingness, the 2nd respondent issued proceedings No.1125/A1/2022, dated 08.02.2022 reappointing the petitioner as Office Subordinate. Aggrieved by the orders passed by the 2nd respondent, the petitioner has approached this Court by filing the present Writ Petition, this Court on 11.02.2022 passed an order directing the respondents to continue the petitioner as Typist for a period of eight (8) weeks and accordingly the petitioner rejoined as Typist. Inspite of extension of time, the petitioner failed to produce the same. Therefore, the petitioner has to revert back to lower post and his services cannot be regularized as typist, since the petitioner has not fulfilled the conditions i.e., passing of Higher Telugu typing exam as per the conditions laid down at the time of appointment, his willingness and Government rules. 4. Heard Mr.S.Satyanarayana Rao, learned counsel for the petitioner and Ms.P.Sudeepthi, learned Assistant Government Pleader for Services-II for the respondents. 5. On hearing, learned counsel for the petitioner while reiterating the contents urged in the writ petition, submits that, at the time of joining, the petitioner possesses all qualifications except Type Writing Higher Grade in Telugu. 4. Heard Mr.S.Satyanarayana Rao, learned counsel for the petitioner and Ms.P.Sudeepthi, learned Assistant Government Pleader for Services-II for the respondents. 5. On hearing, learned counsel for the petitioner while reiterating the contents urged in the writ petition, submits that, at the time of joining, the petitioner possesses all qualifications except Type Writing Higher Grade in Telugu. He further submits that the petitioner has been discharging his duties as Typist on Computers, as the office is not using the typewriters and entire correspondence and functioning of the office is through computers only. He also submits that the Government vide G.O.Ms.No.116 GAD (Ser.B), dated 29.02.2008 issued exemption from acquiring the qualification of Typewriting as well as shorthand to the persons appointed between 05.03.1987 to 04.08.1988. He further submits that this Court has passed the order in W.P.No.17966 of 2020, dated 16.04.2021, regularizing the services of the petitioner therein in the cadre of Typist from the date of her joining into duty with all consequential benefits vide E.File.No.D4/265728/2019, dated 08.07.2021 of CEO, ZP, East Godavari district. 6. Learned counsel for the petitioner further placed reliance of the orders of the learned Tribunal and also the Division Bench of this Court dated 14.08.2019 in W.P.No.11321 of 2019, wherein the Hon’ble Division Bench discussed about the Government Orders and earlier orders passed by the learned Tribunal in similar circumstances, including relaxation given by the State Government, by way of the Government Orders and also the present situation, with regard to the non-usage of type machines and the usage of computers, came to conclusion that the very insistence of the respondent authorities cannot be sustained. Hence, in the instant case, the petitioner is also entitled for relaxation of the condition that he shall acquire Typewriting Higher Grade in Telugu as per Government orders. He further submits that the petitioner possess English Lower Grade Typewriting, Computer Course Certificate of MS Office, C, C++ and hence, the petitioner is having knowledge to discharge his duties as Typist. Therefore, learned counsel for the petitioner requests this Court to allow the writ petition. 7. He further submits that the petitioner possess English Lower Grade Typewriting, Computer Course Certificate of MS Office, C, C++ and hence, the petitioner is having knowledge to discharge his duties as Typist. Therefore, learned counsel for the petitioner requests this Court to allow the writ petition. 7. Per Contra, learned Assistant Government Pleader submits that proceedings were issued to the petitioner by the 2nd respondent dated 08.02.2022, wherein it is stated that even after completion of many years, the petitioner failed to qualify and produce pass certificates of Higher Grade in Telugu and if he fails to submit the same, the petitioner may be reverted to the lower post i.e., Office Subordinate. Even after completion of time, the petitioner did not pass the exam. Once the petitioner failed to comply the conditions stipulated at the time of his joining, he has to take the lower post or to be discharged. Therefore, the services of the petitioner cannot be regularized, since the petitioner has not fulfilled the conditions i.e., passing of Higher Telugu typing exam as per the conditions laid down at the time of appointment, his willingness and Government rules. Therefore, learned Assistant Government Pleader prays to dismiss the writ petition. 8. On considering the submissions of both the learned counsels and upon perusing the entire material on record and also by following the decision of the Hon’ble Division Bench of this Court as stated supra, this Court is inclined to declare the impugned Proceedings No.869/A1/2022, dated 08.02.2022 issued by the 2nd respondent as illegal, arbitrary and is liable to be set-aside. 9. Accordingly, the Writ Petition is allowed. The impugned Proceedings No.869/A1/2022, dated 08.02.2022 issued by the 2nd respondent is hereby set-aside. Further, the respondents are directed to regularize the services of the petitioner from the date of joining into duty as Typist and declare his probation with all consequential benefits, within a period of eight (08) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 10. As a sequel, miscellaneous applications pending, if any, shall stand closed.