ORDER: This petition was filed under Section 19 of the Administrative Tribunals Act, 1985, to declare the show-cause notice vide Rc.No.A2/5939/2016, dated 25.04.2019, issued by the 3 rd respondent as illegal, arbitrary and without jurisdiction and set aside the same and to direct the 3 rd respondent to continue the petitioner as Junior Assistant-cum-Typist. 2. The facts, in brief, are as follows: a. The petitioner was appointed as Junior Assistant-cum-Typist vide proceedings No.A3/9607/2013, dated 03.12.2013, under the scheme of compassionate appointment. The procedure adopted for appointment of the petitioner is that of regular recruitment and therefore, rule 16(b) of the A.P State and Subordinate Service Rules, 1996 (for short, ‘the rules’) would apply to the case of the petitioner. b. As per rule 16(c)(i) of the rules, every person appointed by direct recruitment to any post shall, from the date on which he commences his probation be on probation for a period of two years on duty within a continuous period of three years. In the present case, the District Collector has never issued order extending the probation beyond the period as prescribed in rule 18(b)(i) of the rules for regularization of services and declaration of probation beyond the period as prescribed therein. The petitioner has satisfactorily completed his probation with retrospective effect from the date of expiry of the prescribed period of probation and hence, the 1 st respondent ought to have passed orders in accordance with rule 18(b)(ii) of the rules. c. The post of Junior Assistant is provided in Rule 2, Class-A, Category-3 of A.P Ministerial Service Rules, 1998. The post of Assistant-cum-Typist is provided in Rule-2, Class-A, Category-4 of the same Rules. There is no post of Junior Assistant-cum-Typist in those Rules. As on the day of seeking appointment on compassionate grounds, the petitioner possessed the qualifications required for the post of Junior Assistant, but, the petitioner was appointed in a non-existent post, i.e., Junior Assistant-cum-Typist. On this ground, i.e., non- existence of the post, the authorities concerned have not regularized the services of the applicant and released the annual grade increments. As on the day of seeking appointment on compassionate grounds, the petitioner possessed the qualifications required for the post of Junior Assistant, but, the petitioner was appointed in a non-existent post, i.e., Junior Assistant-cum-Typist. On this ground, i.e., non- existence of the post, the authorities concerned have not regularized the services of the applicant and released the annual grade increments. d. The petitioner, along with others, approached the Tribunal by filing O.A.No.10 of 2018 seeking the following relief: “..to grant appropriate relief declaring the action of the respondents not regularizing the services of the applicants with effect from the date of their initial appointment and not declaring their probation in the cadre of Junior Assistants immediately and similarly not declaring their probation after completing the required period of probation prescribed under AP State and Subordinate Service Rules as well as not releasing increments to the applicants as well as not including names of the applicants in the seniority list of Junior Assistants/Typists/Junior Stenos at appropriate place in the seniority list issued in Proceedings R.Dis.No.(A2)/2558/2015, dt.23.03.2017 as arbitrary, illegal, discriminatory and mala fide violating Article 14, 16 and 21 of the Constitution of India and issue consequential directions directing the respondents to forthwith regularize the service of the applicants in the cadre of Junior Assistants with effect from the date of their initial appointment and declare their probation ………” e. By order, dated 12.01.2018, O.A.No.10 of 2018 was disposed of directing the 2 nd respondent to pass appropriate orders and issue clarification with regard to conversion of their posts from Junior Assistant cum Typist to Junior Assistant as expeditiously as possible. 3. Then, the notice vide Rc.No.A2/5939/2016, dated 25.04.2019 was issued by the 3 rd respondent calling for explanation of the petitioner within 15 days from the date of receipt of the notice as to why he should not be appointed to the lower rank, i.e., the post of Attender (Office Subordinate) for failure to acquire the requisite qualification of Telugu typewriting higher grade till date even after expiry of stipulated period of 2 years and grace period of 2 more years, failing which treating as no explanation, action proposed would be taken. The present application vide O.A.No.730 of 2019 (WP(AT) No.794 of 2022) was filed assailing the said notice. The present application vide O.A.No.730 of 2019 (WP(AT) No.794 of 2022) was filed assailing the said notice. The 3 rd respondent is now contemplating action either to revert the petitioner to a lower post or to discharge him from service in pursuance of G.O.Ms.No.969, G.A (Ser.A) Department, dated 27.10.1995. Assailing the notice, dated 25.04.2019, similarly situated persons have approached the Tribunal in O.A.No.728 of 2019 and batch and obtained interim orders, dated 10.05.2019, in their favour. The operative portion of the order, dated 10.05.2019, passed in O.A.No.728 of 2019 and batch reads as hereunder: “ Hence, pending further orders, the impugned proceedings in Rc.No.A2/5939/2016, dated 30.10.2018 issued by the District Collector, Ananthapuramu/3 rd respondent, in all these OAs are hereby suspended, and the respondents are directed to continue the applicants as Junior Assistants-cum-Typists or Junior Assistants, as the case may be.” 4. The post of Assistant-cum-Typist or the Junior Assistant are in one cadre and a common seniority list is prepared for both the posts and hence the 3 rd respondent, being a Nodal Authority for the district has the power to revise the orders, dated 03.12.2013, and appoint the petitioner in the post of Junior Assistant as he holds the requisite qualification to hold the said post. Hence, this writ petition is filed. 5. Pending disposal of the above O.A., the petitioner also prayed to suspend the operation of the notice issued vide Rc.No.A2/5939/2016, dated 25.04.2019 and direct the respondent No.3 to continue the petitioner as Junior Assistant-cum-Typist .The Tribunal granted interim order for a period of four weeks which reads as follows: “Hence, pending further orders, the impugned proceedings in Rc.No.A2/5939/2016, dt.25.04.2019, issued by the District Collector, Ananthapuramu/3 rd respondent, in the O.A, is hereby suspended and the respondents are directed to continue the applicant as Junior Assistant-cum-Typist or Junior Assistant, case the case may be.” 6. The 3 rd respondent / District Collector, Ananthapuramu, filed I.A.No.1 of 2025 to vacate the interim orders, dated 10.05.2019, passed in O.A.No.730 of 2019. In the counter filed along with I.A.No.1 of 2025, it is averred as follows: a. As per the rules at the time of his appointment in the year 2013, qualification for appointment as Junior Assistant was one must have passed intermediate examination conducted by the Andhra Pradesh State Board of Intermediate Education (or) its equivalent examination. In the counter filed along with I.A.No.1 of 2025, it is averred as follows: a. As per the rules at the time of his appointment in the year 2013, qualification for appointment as Junior Assistant was one must have passed intermediate examination conducted by the Andhra Pradesh State Board of Intermediate Education (or) its equivalent examination. But, there was no vacancy available in the cadre of Junior Assistant to provide appointment to the writ petitioner immediately. Hence, due to non-availability of vacancies in the cadre of Junior Assistant and to provide immediate relief to the family of the deceased, with a sympathetic view, the writ petitioner was appointed as Junior Assistant- cum-Typist against the relevant roster point of ‘Typist’ with a condition to acquire the requisite qualification of Telugu typewriting higher grade within the period of probation as there were number of vacancies available in the cadre of ‘Typist’ at that time. But, the writ petitioner failed to acquire the requisite qualification of Telugu typewriting higher grade within the stipulated period and also within the grace period. As per G.O.Ms.No.151, General Administration (SER.G) Dept., dated 22.06.2004, regularization of services of the persons appointed on compassionate grounds and subject to acquiring qualification, would be considered only from the date of acquiring the qualification fully for the post to which the person has been appointed. As the writ petitioner did not acquire the requisite qualification, his service was not regularized and the other benefits as applicable to regular employee was also not extended. b. Pursuant to the order, dated 12.01.2018, in O.A.No.10 of 2018, on the proposals submitted by the Chief Commissioner of Land Administration, A.P., Vijayawada, the government, through a memo No.14025/18/2018, Ser.II-Rev., dated 28.06.2018, requested the Chief Commissioner of Land Administration, A.P, Vijayawada and District Collector, Anantapuramu to take further action against who failed to acquire requisite qualification of ‘typewriting higher grade in Telugu’ within the stipulated period as per instructions issued by the government. In this regard, a show cause notice vide Rc.No.A2/5939/2016, dated 25.04.2019, was issued to the petitioner to offer his explanation within fifteen (15) days from the date of receipt of the notice for failure to acquire the requisite qualification and to offer his willingness to take lower post. In this regard, a show cause notice vide Rc.No.A2/5939/2016, dated 25.04.2019, was issued to the petitioner to offer his explanation within fifteen (15) days from the date of receipt of the notice for failure to acquire the requisite qualification and to offer his willingness to take lower post. However, instead of submitting his willingness, the petitioner filed the present petition with a request to suspend the operation of the notice, dated 25.04.2019, and to continue him as Junior Assistant-cum-Typist. Then, the interim order, dated 10.05.2019 was passed by the Tribunal. c. The government through Memo No.REV01-LANAOCCLE/18/ 2019, Revenue (Services-II) Department, dated 22.07.2020 have accorded permission to the Chief Commissioner of Land Administration, Andhra Pradesh, Vijayawada and the District Collector, Ananthapuramu to issue appointment afresh to the petitioner to the post of Junior Assistant duly considering the individual who acquired the requisite qualification of Degree within the relaxation period permitted / initial appointment and also their seniority will be considered from the date of acquiring qualification/vacancies arises in that post which ever is later in terms of G.O.Ms.No.151 (General Administration) (Ser.G) Department, dated 22.06.2004. Further, the Chief Commissioner of Land Administration, Andhra Pradesh, Vijayawada in CCLA’s Ref.No. Ser.III(1)/II(3)/1261/2016, dated 10.08.2020 has permitted to absorb certain Junior Assistant-cum-Typists including the petitioner who acquired degree qualification into ‘Junior Assistant’ post in available vacancies. In this regard, as per the permission accorded by the Government & Chief Commissioner of Land Administration, Andhra Pradesh, the writ petitioner has been absorbed to the post of Junior Assistant on the degree qualification acquired by him. Accordingly, the District Collector, Ananthapuramu, issued fresh appointment orders duly appointing the writ petitioner in the post of Junior Assistant in the Revenue Department and he is being continued in the same cadre and he was not reverted to the lower post. After absorption, he was posted as Junior Assistant, Revenue Divisional Office, Kadiri, vide proceedings, dated 17.06.2021, of the District Collector, Ananthapuramu. Since there is no post of Junior Assistant-cum-Typist in the Revenue Department wherein he was appointed under compassionate grounds with a condition to acquire the requisite qualification of ‘Typewriting Telugu Higher’, but failed to acquire the same within the prescribed period, his services cannot be counted / regularized in the post of Junior Assistant- cum-Typist and his services will be regularized in the post of Junior Assistant which is the same cadre. Hence, the writ petition is liable to be dismissed. 7. The petitioner filed reply to the counter affidavit stating that at the time of compassionate appointment, the writ petitioner had the requisite qualifications for the post of Junior Assistant as prescribed under Rule 12 of the A.P State and Subordinate Service Rules; that application of G.O.Ms.No.151, General Administration (Ser.G) Department, dated 22.06.2004, to the case of the petitioner does not arise; that the writ petitioner ought to have been appointed to the post of Junior Assistant, as he holds a certificate of pass in intermediate, without subjecting the petitioner to acquire the qualification of typewriting higher grade in Telugu within two years; and that as per G.O.Ms.No.427, GAD, dated 01.07.1991, the Collector, Ananthapuramu, is vested with the power to create supernumerary post and being a Nodal Officer, if there was no vacant post of Junior Assistant in the office of the Collector, Ananthapuramu, the said authority ought to have allotted the petitioner to other department where there was vacant post of Junior Assistant. Hence, it is prayed to allow the writ petition. 8. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Services-I. 9. The main grievance of the petitioner is that he was appointed as Junior Assistant-cum-Typist which was non-existent as per the rules though he was qualified to be appointed as Junior Assistant, and that the condition that the petitioner should pass type test within the prescribed time is relating to Typist. Due to the events which lead to passing of the impugned order, the petitioner approached the Tribunal as the impugned order is adversely effecting his initial appointment. The aforesaid main grievance of the petitioner is the subject of the prayer in the proceeding before the Tribunal in O.A.No.10 of 2018, whereas the impugned order under challenge in the present petition is a development subsequent to the order passed in O.A.No.10 of 2018. However, pending the present petition, finally, the services of the petitioner were regularized as Junior Assistant, but only from the date of regularization and not from the initial date of appointment. Since it is not the subject matter of the present petition, it is not appropriate to go into the question whether the regularization should have been made from the date of initial appointment or from the date of regularization. Since it is not the subject matter of the present petition, it is not appropriate to go into the question whether the regularization should have been made from the date of initial appointment or from the date of regularization. In view of regularization of service in the cadre of Junior Assistant after filing of this petition, the impugned proceeding proposing demotion to the lower post or discharge from the then post has become infructuous. 10. Accordingly, the Writ Petition is disposed of as infructuous. As a sequel, the show-cause notice vide Rc.No.A2/5939/2016, dated 25.04.2019, issued by the 3 rd respondent is set aside. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed.