Andhra Pradesh High Court - Amravati
Ramesh Yallamilli, vs The District Collector/Chairman, on 25 October, 2024
1
APHC010324382022
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
FRIDAY ,THE TWENTY FIFTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 19496/2022
Between:
Ramesh Yallamilli, ...PETITIONER
AND
The District Collector/chairman and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. SANTHAPUR SATYANARAYANA RAO
Counsel for the Respondent(S):
1. GP FOR LABOUR
2. .
The Court made the following:
ORDER :
The writ petition is filed under Article 226 of the Constitution of India for
the following relief:
"......to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus a By declaring the
entire action of the respondents particularly the entire action of the 2nd respondent in issuing the present impugned
letter No A/14/2017 dated 28.06.2022 which is communicated on 01 07 2022 wherein surrendering the services of the
petitioner to the 1St respondent on the untenable ground that the petitioner herein does not possess Telugu Higher
Grade Typewriting qualification which is not at all specified in the orders of appointment issued vide proceedings No
A1/170/2016 DSC1 dated 03.06.2017 of the 1st respondent under disabled quota maent for visually handicapped and
on that account not allowing the petitioner to discharge his duties since 30.06.2022 onwards is as highly illegal,
arbitrary, unjust clear violation of all principles of natural justice and various relaxation orders issued by the Govt as
well as contrary to various judicial pronouncements in the subject matter and set aside or quash the impugned letter
dated 2. 06.2022 b and consequently direct the respondents to forthwith regularize the service of the petitioner w e f
his date of joining into duty and on that basis declare his probation in the cadre of Typist and revise his pay and
allowances with all consequential benefits thereon without insisting for passing of Typewriting Telugu Higher in
view of various relaxation orders issued by the Govt in the subject matter including prevailing circumstances and
also taking into consideration that the petitioner herein having 100 percent Visually handicapped without reference
to the present impugned letter dated 28.06.2022 of the 2nd respondent and to pass...."
2. Learned counsel for the petitioner and learned Assistant
Government Pleader for Labour and Assistant Government Pleader for
Services-III for the respondents are present.
3. On hearing, learned counsel for the petitioner submits that the matter
is squarely covered by the judgment passed by this Court in W.P.No.25015 of
2021, dated 06.09.2024, and hence, requests this Court to pass similar order
in this writ petition also. The operative portion of the order reads as under:
"...Therefore, the respondents are directed to consider the case of the petitioner for
promotion to the post of Deputy Range Officer, without reference to the charge Memo issued
vide G.O.Rt.No.15, Environment, Forest, Science and Technology (Sec.IV) Department, dated
14.2.2020. Further the respondents are directed to complete the disciplinary enquiry pending
against the petitioner, as expeditiously as possible.
With the above direction, the Writ Petition is disposed of. There shall be no order as to
costs."
4. Learned Assistant Government Pleader appearing for the
respondents reported no objection to allow the present writ petition on the
same lines.
5. In view of the submission made by both the learned counsels and
upon perusing the entire material available on record, this Court deems fit to
allow the present writ petition in terms of the said order.
6. Accordingly, the Writ Petition is allowed while declaring the
impugned orders in the writ petition issued by the 1st and 2nd respondents as
illegal, arbitrary and the same are hereby set aside. Further, the respondents
are directed to continue the petitioner as Typist and regularize his services in
accordance with due procedure with all consequential benefits from the date
of his joining into duty as Typist, by taking into consideration that the petitioner
herein having 100% visually handicapped without reference to the present
impugned leer dated 28.6.2022 of the 2nd respondent, within a period of three
(03) months from the date of receipt of a copy of this order. There shall be no
order as to costs.
7. The Registry is directed to attach a copy of the order passed by this
Court in W.P.No.25015 of 2021, dated 06.09.2024 to this order. As a sequel,
interlocutory applications, if any pending, shall stand closed.
______________________________
DR. K. MANMADHA RAO, J.
Date : 25.10.2024
Gvl
HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.19496 of 2022
Date : 25.10.2024
Gvl
