M. Prasad, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 5569 AP

            HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE: WRIT PETITION No.30147 of 2021

                               PROCEEDING SHEET
Sl                                                                            OFFICE
     DATE                               ORDER
No                                                                             NOTE

2. 29.12.2021 NJS,J

                     Heard learned counsel for the petitioner , the
              learned Government Pleader for Services-I and Sri
              N.A.    Ramachandra           Murthy,    learned    Standing
              Counsel for A.P.P.S.C.

                     The grievance of the petitioner, in the present
              writ petition, is that though he has completed two
              years period of probation long back and completed
              16 years of service, his case for promotion is not
              being considered, in the wake of Memo dated
              04.8.2021 impugned in the Writ Petition.

                     Learned counsel for the petitioner submits
              that the petitioner was initially appointed as
              Senior    Accountant          (Non-Executive       Post)   in
              Treasuries and Accounts Department, as per the
              Selection List 2005 published by the A.P.P.S.C.,
              and     posted    in    the     Office   of   Sub-Treasury,
              Nandyala, Kurnool District, vide Proceedings dated
              22.6.2005.       He has completed his probation on
              19.8.2009, after passing all the Departmental
              examinations including Accounts Test.               Learned
              counsel submits that in the context of judgment of
              Hon'ble Supreme Court in M.Surender Reddy vs.
              State of A.P., the A.P.P.S.C., conducted fresh
              selections in supersession of the earlier selections
              and as per the revised Selection List 2017, the
              petitioner was selected as Assistant Auditor and
              posted    in      the   Pay      and     Accounts     Office,
                                          2
Writ Petition No.30147 of 2021

              Ibrahimpatnam.        He further submits that the
              A.P.P.S.C., once again conducted fresh selections
              in supersession of the earlier two selection lists
              and in the revised Selection List of 2018, the
              petitioner was again selected as Senior Accountant
              (Non-Executive     Post)       in     the   Treasuries     and
              Accounts Department and posted at Head Office,
              DTA, Branch-I.

                    The contention of learned counsel for the
              petitioner is that despite the completion of the
              period   of    probation,       the     insistence   of    the
              respondents requiring the petitioner to undergo

probation in terms of the impugned Memo dated 04.8.2021 is not sustainable. He further submits that ignoring the case of the petitioner, the respondents are taking steps to effect the promotions to the cadre of Accounts Officer in the Directorate of Treasuries and Accounts to the detriment of the petitioner.

On the other hand, the learned Government Pleader for Services-I submits that the Feeder Category/Cadre in Pay & Accounts Department and Treasuries & Accounts Department are different and therefore the respondent authorities are justified in requiring the petitioner to undergo probation. He seeks time to file counter.

Considering the submissions made, prima facie this Court is satisfied that the action of the respondents in insisting the petitioner to undergo probation after completion of 16 years of service is not tenable.

Writ Petition No.30147 of 2021

In such view of the matter, there shall be interim direction to the respondents to consider the candidature of the petitioner for promotions without reference to the Memo dated 04.8.2021, and by taking into consideration his representation dated 01.12.2021.

List the matter after four (4) weeks, for filing counter.

_________ NJS, J vasu