Andhra Pradesh High Court - Amravati
M Tatarao vs State Of Andhra Pradesh, on 12 April, 2022
* HON'BLE SRI JUSTICE B. KRISHNA MOHAN
+ WRIT PETITION No.20592 of 2020
% 12.04.2022
# Moka Tatarao.
... Petitioner
Vs.
$ The State of Andhra Pradesh, rep. by its Principal Secretary and
others
.... Respondents
! Counsel for the petitioner: SRI SRINIVASA RAO BODDULURI
Counsel for the Respondents: GP FOR SERVICES-I
SRI N.A.RAMACHANDRA MURTHY
GP FOR REVENUE
<Gist :
>Head Note:
? Cases referred:
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HIGH COUIRT OF ANDHRA PRADESH: AMARAVATI.
WRIT PETITION No. 20592 of 2020
Between:
Moka Tatarao
... Petitioner
Vs.
The State of Andhra Pradesh, rep. by its Principal Secretary and others
.... Respondents
Date of Judgment Pronounced: 12.04.2022
Submitted for Approval:
HON'BLE SRI JUSTICE B. KRISHNA MOHAN
1. Whether Reporters of Local newspapers Yes/No
may be allowed to see the judgments ?
2. Whether the copies of judgment may be Yes/No
marked to Law Reporters/Journals
3. Whether Their Ladyship/Lordship wish to Yes/No
see the fair copy of the Judgment ?
_______________________________
JUSTICE B. KRISHNA MOHAN
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HON'BLE SRI JUSTICE B. KRISHNA MOHAN
WRIT PETITION No.20592 of 2020
ORDER:
This writ petition was filed questioning the action of the
respondent No.3 in not selecting the petitioner for the post of Assistant
Statistical Officer by not considering the service certificate issued by the
respondent No.4 dated 20.10.2011 for relaxing the age as per the select
notification No.03.2019 dated 23.01.2019.
2. Heard the learned counsel for the petitioner and the learned
standing counsel for the respondent No.3.
3. The counsel for the petitioner submits that the petitioner studied
Bachelor of Science in SBBR College, Amalapuram,
M.Sc (Mathematics) in Andhra University, and M.Tech in Jawaharlal
Nehru Technological University. He was a member of the faculty in
Jyotismati College of Engineering, Ghatkesar from 2004-06. Then he
worked in Sri Indu College of Engineering and Technology between
2006 to 2008. Subsequently he worked in MRR Institute of Computer
Applications as Assistant Professor from 2008 to 2010. Then he worked
as Data Entry Computer Operator (LDC) in Census 2011 for a period of
one year between 2010 to 2011. Later he worked as Assistant Professor
in Keshav Memorial Institute of Technology, Hyderabad for a period of
four years from the year 2014 onwards. While so, the Government of
Andhra Pradesh in General Administration Department issued
G.O.Ms.No.305 dated 14.06.2010 creating temporary posts for
providing clerical assistance during the year 2011 census operations.
The graduates who volunteered for the one year job were permitted to
join for the said work purely on temporary basis for a period of one
year. Accordingly, he was engaged as Data Entry Computer Operator
(LDC) for census-2011 and worked within the jurisdiction of
P.Gannavaram Mandal. The respondent No.4 who was the census
charge officer for the Census 2011 operations has given the certificate
also to that effect for the petitioner. The census was completed by the
Director of Census operations, Andhra Pradesh headed by the Joint
Director. Though it is a Central Government organization, the State
Government employees work temporarily for the census for different
designations and there is no permanent set up for the staff in the said
organization. The respondent No.4 who was the census charge officer at
the relevant period is the certifying authority.
4. The counsel for the petitioner further submits that thereafter the
respondent No.3 issued Notification No.3 of 2019 dated 23.01.2019 for
recruiting the Assistant Statistical Officers in the Andhra Pradesh
Economics and Statistical Sub-service which is under the control of
respondent No.2-organisation. The total number of posts advertised are
78 and in Zone-II there are 27 posts out of which six posts are in the
open category. As the petitioner was eligible, he applied under the said
notification and appeared for the screening test on 01.08.2019 and he
was selected for the main examination which was held on 01.08.2019.
Then the respondent No.3 declared the select list on 08.06.2020 wherein
he was called for verification of Certificates by a Memo dated
08.06.2020. The certificate verification for the petitioner was also done
on 24.06.2020. Then the select notification was issued on 28.10.2020 by
the respondent No.3 showing 30 posts remained unfilled due to want of
eligible candidates. To the utter surprise, shock and dismay of the
petitioner his name was not figured in the said select notification though
he secured 9th rank in the main examination and 2nd rank in the Zone-II.
5. The counsel for the petitioner submits that as per Clause 7.2 of the
Notification No.3 of 2019 dated 23.01.2019 of the respondent No.3,
"the retrenched temporary employees in the State Census Department
with a minimum service of six months" are entitled for relaxation of
three years of their age. As per clause 7.1 of the said notification, the
candidate shall not be more than 42 years of age as on 01.07.2019. Since
the petitioner worked for the Census department for a period of one
year between 2010 to 2011 and eligible for age relaxation of three years,
he would be less than 45 years of age as on 01.07.2019. But the
respondents erroneously rejected the case of the petitioner for selection
for the post of Assistant Statistical Officer.
6. On the other hand, the standing counsel for the respondent No.3
submits that the regular staff in the cadre of UDC/LDC/Peon are
drafted for census operations for providing clerical assistance for the
2011 census operations in the State of Andhra Pradesh basing upon the
recommendations of the Director of Census Operations. Though the
petitioner worked as Date Entry Operator in the office of the respondent
No.4 in relation to work for the said census operations, his services and
his claim cannot be construed as "Census Employee" which has been
clarified by the Deputy Director in the office of the Director of Census
Operations, Andhra Pradesh vide his letter dated 27.07.2020. The
clerical assistance as stated supra was provided vide G.O.Ms.No.305
dated 14.06.2010 and the method of recruitment was either on
deputation or by taking retired employees on consolidated pay only.
The system of making temporary recruitment by census department for
census operations is not in practice and the temporary employees
engaged by the respondent No.4 for the said census may not confer the
status of census employee on them. But it is true as per para 7.2 of the
above said notification No.3 of 2019 dated 23.01.2019 the retrenched
temporary employee in the said census department with a minimum
service of six months is allowed to have the benefit of three years
relaxation in the upper age limit. Whereas the petitioner who is 44 years
old as on the date of the said notification claimed relaxation of the
upper age limit basing upon the certificate of voluntary service as Data
Entry Operator in P.Gannavaram Mandal, E.Godavari District issued
by the respondent No.4 which has been sent to the Census department
for clarification. In view of the said clarification by the department and
as per the G.O.Ms.No.305 dated 14.06.2010, his temporary service was
not considered as "retrenched census employee" and as such the
relaxation of upper age limit could not be considered by the respondent
No.3 in his case.
7. In the backdrop of the above said rival contentions and averments
and the rival submissions of the counsels, the issue that would emerge
for consideration in this case is as follows:
"Whether the petitioner can be treated as a retrenched
temporary employee in the State census department with a
minimum service of six months as per para 7.2 of the
Notification No.3 of 2019 of the respondent No.3 dated
23.01.2019?"
8. It is to be seen that there is no dispute with regard to the
educational qualification of the petitioner and his eligibility to apply for
the post of Assistant Statistical Officer in A.P. Economics and Statistical
sub-service under the notification No.3 of 2019 of the respondent No.3
dated 23.01.2019. The petitioner relied upon the service certificate
issued by the respondent No.4 in Ref/C/1/2011 dated 20.10.2011
wherein it is certified that the petitioner worked as Data Entry
Computer Operator for census 2011 on volunteer basis for one year
during the period between 2010-11 in the office of Tahsildar,
P.Gannavarm Mandal, East Godavari District, Andhra Pradesh.
The respondents have not disputed the service certificate issued by the
respondent No.4. There is no dispute with regard to his merit and
selection under the above said notification as he secured 9th rank in the
main entrance examination and 2nd rank in Zone-II. There is no dispute
with regard to the number of vacancies available as it was originally
notified for 8 carry forward vacancies and 70 fresh vacancies under the
above said notification out of which in zone-II there were 25 fresh
vacancies. The grievance of the petitioner is that even after found to be
meritorious in the entire selection process, his name was not figured in
the select notification dated 28.10.2020 of the respondent No.3.
Obviously, the petitioner was treated as age barred by the respondents
as the above said service certificate of the petitioner was not treated in
terms of para 7.2 of the above said notification dated 23.01.2019.
Though the petitioner made representation dated 28.09.2020 to the
respondent No.3, no useful purpose was served. It appears that the
Additional Secretary of the respondent No.3 addressed a letter to the
Director of Census Operations, Andhra Pradesh seeking clarification
with respect to the extension of benefit under para 7.2 of the above said
notification dated 23.01.2019 for the petitioner stating that the petitioner
came up for selection process and claimed that he rendered service in
the office of Tahsildar as Data Entry Operator for the census 2011 on
volunteer basis for one year during the period from 2010-11 and sought
for the age relaxation benefit.
9. In reply, referring to the G.O.Ms.No.305 dated 14.06.2010 and
the letter of the Director of Census Operations (AP) dated 03.02.2010,
the Director of Census Operations, A.P. addressed a letter to the
Additional Secretary of the respondent No.3 dated 27.07.2020
informing that the clerical assistance is provided to the various
administrative units in the State of Andhra Pradesh vide
G.O.Ms.No.305 dated 14.06.2010 during the census in the year 2011
and the method of recruitment was either by deputation or by taking the
retired government servant on a consolidated pay. Even the above said
letter of the Director of Census Operations, Andhra Pradesh dated
03.02.2010 addressed to the Principal Secretary, Government of Andhra
Pradesh (Accom.A.) Department, Hyderabad discloses that it was
proposed to provide clerical assistance for 2011 census operations in the
State of Andhra Pradesh by sanctioning 68 UDC cadre posts, 1202
LDC cadre posts and 25 peons to work under 25 different
administrative units in the State of Andhra Pradesh temporarily on a
consolidated monthly payment by clarifying the method of recruitment
as either by deputation or by taking retired employees in case of non
availability of deputationists in the cadre of UDCs and LDCs and in the
case of peons, retired government servants shall only be taken as
messangers as the posts are created temporarily for the census of 2011
for a period of 18 months from 01.01.2010 to 30.06.2011.
10. As stated supra the Government of Andhra Pradesh, (General
Administration Department) issued G.O.Ms.No.305 dated 14.06.2010
creating certain temporary posts to give clerical assistance to the
Administrative units and other establishments in the State of Andhra
Pradesh for census of the year 2011 as detailed below:
Sl.No. Administrative Unit Posts
allowed
1. State Headquarters (to 3 UDCs
provide support to Under
Secretary & Section Officer)
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2. District Headquarters (to 1 UDC
provide support to Deputy 1 LDC
Collector (Census) 1 Peon
3. Sub Division or Taluka or 1 LDC
Tehsil/Mandl
4. Cites having population 1 LDC
between 50 thousand to
1 lakh
5. Cities having population 1 UDC
between 1 to 2 lakh
6. Cities having population 1 UDC
between 2 lakhs to 10 lakhs 1 LDC
7. Cities having population of 1 UDC
10 lakhs and above 1 LDC
1 Peon
Name of the No. of Posts Scale of Pay
Post sanctioned Rs.
UDC 68 10900-31550
(Sr.Asst.)
LDC (Jr.Asst.) 1202 8440-24950
Peon 25 6700-20110
11. As stated supra, the letter of the Director of Census Operations,
Andhra Pradesh, dated 03.02.2010 and the G.O.Ms.No.305 dated
14.06.2010 of the Government of Andhra Pradesh, dated 14.06.2010
together indicate that there was a creation of certain temporary posts in
the category of UDCs, LDCs and Peons for the purpose of census 2011
and the method of recruitment was only either by way of deputation or
by way of engaging the services of a retired employee. Except that it
does not refer to the category of persons who fall under Sl.No.6 of para
7.2 of the above said notification dated 23.01.2019. The above said reply
of the Deputy Director and head of office of Director of Census
Operations, Andhra Pradesh dated 27.07.2020 to the Additional
Secretary of the respondent No.3, does not answer the query of the
addressee therein and it is silent with regard to the category of
employees described at Sl.No.6 of para 7.2 of the above said
notification. The said reply dated 27.07.2020 does not further explain in
any manner with regard to the entitlement or otherwise of the
petitioner. But basing upon the said letter dated 27.07.2020 coupled
with the G.O.Ms.No.305 dated 14.06.2010, simply the respondent No.3
rejected the claim of the petitioner by not relaxing the age basing upon
his service certificate dated 20.10.2011. It is an admitted fact that for
conducting census operations in the State of Andhra Pradesh for the
census 2011, temporary posts were created in different cadres only for a
specific purpose to complete it in a time bound programme. Soon after
completion of the said work, those services of the candidates were
disengaged by way of retrenchment automatically. There is no dispute,
even assuming that petitioner's temporary services were accepted,
it would be in the cadre of LDC only. Different administrative units
from top to bottom in the state including the office of the 4th respondent
were provided with the services of LDCs on temporary basis by
engaging them for a specific purpose in terms of the above said
G.O.Ms.No.305 dated 14.06.2010. Soon after retrenchment on
completion of the work/period, the deputationist would go back to
his/her parent department and the retired employee would remain as
retired employee and they will not be in a position to avail the benefit of
the para 7.2 of the above said notification dated 23.01.2019 as they were
not even eligible to apply for the above said post under the above said
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notification. Hence there would be another category of
employees/candidates like the petitioner who worked on temporary
basis for the census operations of census 2011 and became eligible on
receipt of the service certificates issued by the Census charge officers for
the relevant period as certifying authorities under the above said
notification for fresh recruitment invoking the benefit under para 7.2 of
the said notification. To say in other words,
the unemployees who worked on a temporary basis during the census
operations discharging the said work in one form or the other would
only be entitled to be treated as "retrenched employee" for the purpose
of this notification and applying the above said GOMs.No.305 dated
14.06.2010 to the case of the petitioner which is not otherwise as
discussed above exhaustive for denying the selection is unreasonable
and the action of the respondents is contrary to the para 7.2 of the
notification No.3/2019 dated 23.01.2019. Similarly, the above said
G.O.Ms.No.305 dated 14.06.2010 and the above said letters dated
03.02.2010 and 27.07.2020 would not come in the way of extending the
benefit for the petitioner to invoke the above said para 7.2 of the above
said notification, as the services of the petitioner and the service
certificate issued by the respondent No.4/census charge officer dated
20.10.2011 are not in dispute, the petitioner shall be treated as a
"retrenched employee" within the meaning of para 7.2 of the above said
notification dated 23.01.2019 and accordingly the age relaxation shall
be given to the petitioner.
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12. For the foregoing reasons, the impugned action of the respondent
Nos.2 and 3 is set aside. As there are number of unfilled vacancies even
in Zone-II of the above said notification, the case of the petitioner shall
be considered by the respondent Nos.1 to 3 for the appointment as
"Assistant Statistical Officer" in Andhra Pradesh Economics and
Statistical Sub-service under the Notification No.3 of 2019 dated
23.01.2019 if he is otherwise entitled by giving three years of age
relaxation under para 7.2 of the said notification and the whole exercise
shall be completed within two months from the date of receipt of this
order.
13. Accordingly, the Writ Petition is allowed. There shall be no order
as to costs.
As a sequel, the miscellaneous applications pending if any shall
stand closed.
_______________________________
JUSTICE B. KRISHNA MOHAN
April 12, 2022
LMV
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HON'BLE SRI JUSTICE B. KRISHNA MOHAN
WRIT PETITION No.20592 of 2020
April 12, 2022
LMV
