Andhra Pradesh High Court - Amravati

Devarapally Bapuji vs The State Of Andhra Pradesh on 25 March, 2021

   

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA,
THURSDAY, THE TWENTY FIFTH DAY OF MARCH
TWO THOUSAND AND TWENTY ONE
:PRESENT: |
THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKS

IA No. 1 OF 2021
IN
WP NO: 4536 OF 2021

Between:

Devarapally Bapuji, S/o DBR Murali.

... Petitioner

AND
1. The State of Andhra Pradesh, rep., by its Principal Secretary, Social Welfare
Department, Secretariat, Velagapudi, Amaravati Capital City, Guntur District.
2. The Director, Social Welfare Department, Government of Andhra Pradesh,
Tadepally, Guntur District.
The Joint Director of Social Welfare, Krishna District, Machilipatnam.
The Deputy Director of Social Welfare, Krishna District, Machilipatnam.

BH

.... Respondents

Counsel for the Petitioner : SUBBA RAO KORRAPATI
Counsel for the Respondents: GP FOR SOCIAL WELFARE

Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to consider the
case of the petitioner for regularisation in terms of the law declared by the Hon'ble
Andhra Pradesh Administrative Tribunal in the judgments in O.A. No. 2201/2014,
6860/2014 and 6886/2014 , Pending disposal of WP No. 4536 of 2021, on the file of
the High Court.

The court while directing issue of notice to the Respondents herein to show cause as
to why this application should not be complied with, made the following order.(The
receipt of this order will be deemed to be the receipt of notice in the case). The Court
made the following
ORDER:

"This Interlocutory Application is filed to consider the case of the petitioner for regularization in terms of the law laid down by the Andhra Pradesh

Administrative Tribunal (for short "APAT") in O.A.No.2201 of 2014 and batch.

Heard the learned counsel for the petitioner and the learned Government

Pleader appearing for the respondents.

Learned counsel for the petitioner submits that the petitioner was appointed as Junior Assistant-cum-Typist vide proceedings dated 17.09.2010 on compassionate grounds and one of the conditions of the appointment is that the petitioner has to acquire the technical qualification of Higher Grade in Telugu Type Writing and lower Grade in English Type Writing and passing of

Intermediate Examination within a period of three years. The petitioner has

completed Senior Secondary School Examination, which is equivalent to the Intermediate course. Thereafter, the petitioner also completed Post Graduate Diploma in Computer Applications during the period from 1st June 2013 to 31+ May 2014. Despite acquiring the qualifications of Post Graduate Diploma in Computer Applications, the respondents did not consider the case of the petitioner for regularization. He submits that one person by name Ch.Aswi Hanumantha Rao was appointed as Junior Accountant in the Treasury unit on compassionate grounds on 08.06.1988 with a condition that he should acquire typewriting Higher in English within a period of two years and when he failed to acquire the said qualification even after extending the grace period, a show cause notice was issued proposing termination of his services and he approached the Hon'ble APAT by filing O.A.No.3301 of 2004 and the same was allowed with a direction to continue him in service with a further direction to regularize his services in the cadre. In pursuance of the orders of the Hon'ble APAT, the respondents have implemented the same by issuing G.O.Rt No.4428 Finance (ADMN-III) Department, dated 29.12.2011. Learned counsel further submits that the petitioner's case also squarely covers the above G.O. Similarly, the Government also issued G.O.Ms.No.78 Finance (ADMIN-III) Department, dated 25.03.2010 regularizing the services of one Sri B.M. Chakrapani, Junior Accountant, Sub Treasury, Kotuartla, Visakhaptnam. He further submits that the Hon'ble APAT, in similar circumstances, has also passed similar orders in O.A.No.2201 of 2014 and O.A.No.2275 of 2014, dated 02.09.2014 directing the respondents therein to regularize their services even though they have not passed typewriting test; and a similarly situated person, by name, P.Rahul Babu, filed O.A.No.163 of 2019 before the Hon'ble APAT seeking a direction to regularize his services; and when the matter is pending before the Hon'ble APAT, the 24 respondent issued proceedings dated 22.02.2019 informing that the orders of the Hon'ble APAT are applicable only to the applicants therein but not to others and the said P. Rahul Babu filed WP No.17783 of 2020 before this Court and this Court vide order dated 01.12.2020 granted an interim direction to consider his case for regularization; and pursuant to the said interim direction,

the respondents have considered the case of Rahul Babu and regularized his

services. As the petitioner did not approach the Court, the respondents are not

considering his case. Hence, the writ petition.

As seen from the material, in similar facts and circumstances, the very same letter of the Director of Social Welfare, Tadepalli, Guntur, addressed to the Joint Director (SW), Krishna District, dated 22.02.2019 clarifying that the orders in O.A.No.2201 of 2014 and batch are applicable only to the applicants therein, was examined by this Court in W.P.No.17783 of 2020, and directed as follows:

"In the opinion of this Court, the clarification given by the 2°4 respondent in his letter dated 22.02.2019 is illegal and unreasonable. The respondents ought to have considered the application of the petitioner, dated 27.01.2018 taking into consideration of the orders of the Andhra Pradesh Administrative Tribunal and in accordance with the existing Government Orders.

Accordingly, in view of the fact that the petitioner has acquired the qualification of PGDCA, the respondents are directed to consider the case of the petitioner for regularization of his services in the cadre of Junior Assistant-cum-

Typist within two (02) weeks from the date of receipt of a copy of this order."

As the facts of the present case are also similar to the facts in W.P.No.17783 of 2020, the respondents are directed to consider the case of the petitioner for regularization and pass a speaking order and communicate the

same to the petitioner herein.

Accordingly, the application is ordered."

Sd/-T.MADHAVI

ASSISTANT REGISTRAR ITTRUE COPY!// ee For ASSISTANT REGISTRAR

To,

1. The Principal Secretary, Social Welfare Department, Secretariat, Velagapudi, Amaravati Capital City, State of Andhra Pradesh, Guntur District.

2. The Director, Social Welfare Department, Government of Andhra Pradesh, Tadepally, Guntur District.

3. The Joint Director of Social Welfare, Krishna District, Machilipatnam.

4. The Deputy Director of Social Welfare, Krishna District, Machilipatnam.(RR 1 to 4by RPAD- along with a copy of petition and memorandum of grounds) One CC to Sri. Subba Rao Korrapati Advocate [OPUC] Two CCs to GP for Social Welfare ,High Court Of Andhra Pradesh. [OUT] One spare copy

MOO

HIGH COURT

KVLJ

DATED:25/03/2021

LIST THE MATTER AFTER FOUR (4) WEEKS ALONG WITH W.P.No.17783 of 2020

IA No. 1 OF 2021 IN WP NO: 4536 OF 2021

INTERIM DIRECTION