Andhra Pradesh High Court - Amravati
The Regional ... vs Cherukuru Babavalli, on 13 July, 2021
Bench: Arup Kumar Goswami, Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE NINALA JAYASURYA
WRIT APPEAL No.291 of 2021
(Taken up through video conferencing)
The Regional Director-cum-Appellate
Commissioner of Municipal Administration,
Ananthapuramu Region. .. Appellant
Versus
Cherukuru Babavalli S/o. Brahmaiah,
Aged 28 years, Un-employee,
r/o.2-82-A, Ipptlalingala,
YSR Kadapa and others. .. Respondents
Counsel for the appellant : Mr. N.Aswartha Narayana,
G.P. for Services-I
Counsel for the respondent Nos.1 to 6 : Mr. P.V.Krishnaiah
ORAL JUDGMENT
Date: 13.07.2021
(Arup Kumar Goswami, CJ)
Heard Mr. N.Aswartha Narayana, learned Government Pleader for
Services-I for the appellant. Also heard Mr. P.V.Krishnaiah, learned counsel
for the respondents/writ petitioners.
2. This writ appeal is directed against the order dated 22.12.2020
passed in W.P.No.20371 of 2020, allowing the writ petition by setting aside
the proceedings dated 06.10.2019 in ROC.No.759/2019/A2/DSC-2019 as
well as the consequential proceedings in ROC.No.931/2019/A2/KDP dated
02.12.2019 and directing the respondents to reinstate the petitioners into
service as Ward Welfare and Development Secretary Grade-II with all
consequential benefits, including arrears of salary, etc. It was further
observed in the order that the order passed by the Court will not preclude
the respondents to pass appropriate order(s), strictly complying with the
mandatory requirements by following principles of natural justice.
3. Pursuant to a selection process initiated under Notification dated
26.07.2019 inviting applications from eligible candidates to fill up Ward
Welfare & Development Secretary Grade-II, the petitioners came out
successful in the selection process and, accordingly, they were appointed by
proceedings dated 29.09.2019. Subsequently, their appointment came to
be cancelled by proceedings dated 06.10.2019 without assigning any
reasons. However, in the subject column, it was mentioned that after re-
verification of the certificates, the petitioners were found to be ineligible
with reference to their educational qualifications.
4. Being aggrieved, the petitioners approached this Court by filing writ
petition numbered as W.P.No.16535 of 2019 and this Court, by an order
dated 25.10.2019, allowed the writ petition holding that termination of
appointment of the petitioners without issuing any notice is illegal, and an
opportunity was granted to the respondents/authorities to conduct enquiry
by following the principles of natural justice and in accordance with law.
5. The appellant issued a Memo dated 20.11.2019 asking the writ
petitioners to attend certificate verification on 23.11.2019 at 2.30 p.m.
Subsequently, it appears that enquiry was conducted and, thereafter, order
dated 02.12.2019 was passed by the Regional Director-cum-Appellate
Commissioner of Municipal Administration, Ananthapuramu, holding that the
petitioners are ineligible for the post of Ward Welfare and Development
Secretary Grade-II, as they did not satisfy the educational qualification as
mentioned in the Notification.
6. Mr. P.V.Krishnaiah has submitted that the writ petitioners had
attended the aforesaid certificate verification programme and furnished
material to support their contention that they have the requisite
qualifications in terms of the Notification inviting applications for the posts
of Ward Welfare and Development Secretary Grade-II, but without
adverting to the same, the impugned order was passed.
7. The operative portion of the order dated 02.12.2019 as against
which the writ petition was filed, reads as follows:
"Further, in pursuant of the Hon'ble High Court orders issued
vide reference 13th read above, Sri Cherukuri Babavali, S/o.
Brahmaiah, R/o. YSR Kadapa District had been called for
enquiry and he had attended the same on 23.11.2019 and
submitted all Educational Qualification Certificates. Upon
perusal of all the documents submitted by him in original it is
found that he is ineligible for the post of Ward Welfare and
Development Secretary Grade-II, as per the Notification
No.6/2019 dated 26.07.2019 as he did not satisfy the
educational qualification as mentioned in the Notification
No.6/2019 dated 26.07.2019."
8. A perusal of the above order goes to show that no reasons have
been assigned as to why the petitioners were held to be not satisfying the
educational qualification for the post of Ward Welfare and Development
Secretary Grade-II. Merely concluding that they do not satisfy the
educational qualifications was held to be not sufficient by the learned single
Judge.
9. A perusal of the order passed by the learned single Judge would,
however, go to show that a contention was raised by the appellant before
the Court that the petitioner possessed only a degree in Commerce, but not
a degree in Arts and Humanities, which were the qualifications for being
appointed as Ward Welfare and Development Secretary Grade-II.
10. We are in agreement with the reasoning assigned by the learned
single Judge that the order 02.12.2019 is devoid of any reason. Reasons in
the context of the present proceedings, having regard to the nature of
dispute, would mean the materials which the petitioners had placed for
consideration and the conclusions which were derived from such
consideration. In the present case, the materials placed before the
authority were not considered and merely conclusions were derived. It is
well established that reasons are heartbeats of every conclusion.
11. At this juncture, Mr.N.Aswartha Narayana submits that as the writ
petition was filed after one year, direction for payment of arrears of salary
is not sustainable in law.
12. A perusal of the order dated 25.10.2019 passed in W.P.No.16535 of
2019 goes to show that appellant was directed to allow the petitioners to
continue in the posts in which they were appointed. Though the writ
petition was filed only in the month of October, 2020, challenging the order
dated 02.12.2019, it is to be borne in mind that COVID-19 pandemic
created havoc from the month of March, 2020 onwards resulting in,
amongst others, lock down, etc., and in that circumstance, the petitioners
approached the court after there is some decline in the COVID-19 cases.
In that view of the matter, we are not inclined to accept the submission of
the learned counsel for the appellant.
13. We find no merit in the appeal and, accordingly, the same is
dismissed. No costs. Pending miscellaneous applications, if any, shall stand
closed.
ARUP KUMAR GOSWAMI, CJ NINALA JAYASURYA, J
GM
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE NINALA JAYASURYA
WRIT APPEAL No.291 of 2021
(Taken up through video conferencing)
13.07.2021
GM
