Inturi Sarath Kumar vs The District Collector Public Health ...
2024 Latest Caselaw 8437 AP

Andhra Pradesh High Court - Amravati

Inturi Sarath Kumar vs The District Collector Public Health ... on 13 September, 2024

 APHC010312142022
                      IN THE HIGH COURT OF ANDHRA PRADESH
                                    AT AMARAVATI                                     [3310]
                             (Special Original Jurisdiction)

              FRIDAY ,THE THIRTEENTH DAY OF SEPTEMBER
                   TWO THOUSAND AND TWENTY FOUR
                                        PRESENT
            THE HONOURABLE DR JUSTICE K MANMADHA RAO
                          WRIT PETITION NO: 18536/2022
Between:
Inturi Sarath Kumar                                                           ...PETITIONER
                                            AND
The District Collector Public Health Wing and Others                  ...RESPONDENT(S)

Counsel for the Petitioner:

1. SANTHAPUR SATYANARAYANA RAO Counsel for the Respondent(S):

1. GP FOR SERVICES IV The Court made the following Order:

This Writ Petition is filed, under Article 226 of the Constitution of

India, seeking 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 not regularizing the services of the petitioner and not declaring his probation in the cadre of Typist and also not releasing periodical increments and other allied benefits despite of possessing technical qualifications such as Typewriting Higher Grade English including Post Graduate Diploma in Computer Application Course (PGDCA) on the untenable ground that the petitioner did not acquired typewriting qualification mentioned in his appointment order dated 19.02.2014 of the 1st respondent and subsequent orders of posting dated 25.04.2014 of the

2nd respondent other way issuing impugned memo Rc.No.343/Estt/EC1/2019, dated Nil.05.2019 by the 2nd respondent asking to submit pass certificates, otherwise the services of the petitioner will be reverted to lower post i.e., Office Subordinate which is not implemented as to today is as highly, illegal, arbitrary, discriminatory and contrary to the Division Bench judgment of this Honble court in W.P.No.11321/2019 dated 14.8.2019 r/w recent judgment dated 16.04.2021 in W.P.No.17966/2020 including orders in O.A.No.2201/2014 dated 2.9.2014 in the same subject matter and contrary to various orders issued by the Govt in the similar subject matter and set aside the above impugned memo dated Nil.05.2019 of the 2nd respondent

(b) And consequently to direct the respondents to forthwith regularize the services of the petitioner w.e.f his date of joining into duty as Typist and also declare his probation with all consequential benefits such as seniority pay fixation and other allied benefits without insisting for passing of technical qualification of Typewriting Higher Grade both Telugu and English without reference to the impugned memo No.343/Estt/EC1/2019, dated Nil.05.2019 of the 2nd respondent which is not implemented as on today in view of similar relaxation orders which was granted in favour of certain class of employees vide G.O.Ms.No.116, GA (Ser.B) Dept, dated 29.2.2008 as well as possessing of Post Graduation Diploma in Computer Application Course as well as English Higher Grade by the petitioner in view of law laid down by this Honble court in W.P.No.11321/2019, dated 14.8.2019 r/w recent orders dated 16.04.2021 in W.P.No.17966/2020 and order in O.A.No.2201/2014, dated 2.9.2014 of the erstwhile APAT in the same subject matter...."

2. Brief facts of the case are that the father of the petitioner was died in

harness while he was working as the Head Master. As the petitioner belongs

to SC community and taking into consideration of eligibility, sustainability, the

petitioner was appointed as Typist vide Procdgs.Rc.No.482/2014/B5, dated

19.02.2014 of the 1st respondent on compassionate grounds. However at the

time of issuing orders, it was mentioned that the petitioner has to acquire

Typewriting Higher Grade both in English and Telugu within the time frame

allotted, in terms of G.O.Ms.No.612, dated 30.10.1991 and allotted to 2 nd

respondent organization. Accordingly, the posting orders issued vide

Procds.No.343/Estt/EC1/2014, dated 24.05.2014 by the 2nd respondent. The

petitioner has completed Diploma in Computer Application in April, 2013 and

completed PGDCA in April, 2014 and completed Typewriting Higher Grade in

English in August, 2019. While matter stood thus, the 2nd respondent vide

impugned memo No.343/Estt/EC1/2014, dated Nil.05.2019 issued orders,

directing to submit requisite qualification i.e., passing in both Higher Grade in

Telugu and English, if he fails to submit by 26.05.2019, the services of the

petitioner will be reverted to lower post i.e., Office Subordinate. As the

petitioner not having pass in Telugu Typewriting Higher Grade, the 2nd

respondent is taking speedy steps to issue orders of reversion and not

regularizing the services and declaring the probation of the petitioner.

Aggrieved by the same, the present writ petition has been filed.

3. The 2nd respondent filed counter affidavit denying all the allegations

made in the writ petition. It is further stated that the petitioner appointed on

19.02.2014 and the time was given to the petitioner to pass requisite

qualification is two years from date of joining i.e., up to 26.05.2016. But the

petitioner did not acquire the requisite qualification. Further, the 2 nd

respondent extended two years' time to acquire requisite qualification as per

G.O.Ms.No.969, General Administration (Ser.A) Department, dated

27.10.1995 and the exemption period has ended on 25.05.2018. But the

petitioner did not acquire the requisite qualification. The 2nd respondent

extended one more year time to acquire requisite qualification as per

G.O.Ms.No.289, General Administration (Ser.A) Department, dated

04.08.2000 and the exemption period has ended by 24.05.2019. But the

petitioner did not acquire the requisite qualification in total of five years.

Hence, the 2nd respondent issued a Memo vide Memo No.343/Estt/EC1/2014,

dated 22.05.2019 issued orders, directing to submit requisite qualification i.e.,

passing in both Higher Grade in Telugu and English, if he fails to submit, to

give willingness to take lower post of Office Subordinate. The petitioner

submitted a representation to the 2nd respondent on 21.10.2021 duly agreeing

to the conditions stipulated at the time of appointment and the petitioner also

gave willingness to revert back to the lower post i.e., Office Subordinate as

per Government rules, if he does not qualify in Telugu Higher Typewriting

exam within two months. Inspite of extension of time, the petitioner failed to

produce the same. Therefore, the petitioner has to revert back to lower post

and his services cannot be regularized as typist, since the petitioner has not

fulfilled the conditions i.e., passing of Higher Telugu typing exam as per the

conditions laid down at the time of appointment, his willingness and

Government rules.

4. Heard Mr.S.Satyanarayana Rao, learned counsel for the petitioner and

Ms.P.Sudeepthi, learned Assistant Government Pleader for Services-III for the

respondents.

5. On hearing, learned counsel for the petitioner while reiterating the

contents urged in the writ petition, submits that, at the time of joining, the

petitioner has completed Diploma in Computer Application and also

possesses PGDCA (Post Graduation Diploma in Computer Applications) and

obtained necessary certificates. Further the petitioner has passed in

Typewriting Higher Grade in English. He further submits that the petitioner has

been discharging his duties as Typist on Computers, as the office is not using

the typewriters and entire correspondence and functioning of the office is

through computers only. He also submits that the Government vide

G.O.Rt.No.113, dated 16.05.2022 issued exemption from acquiring the

qualification of Typewriting Higher Grade in Telugu in respect of individuals

appointed on compassionate grounds. He further submits that this Court has

passed the order in W.P.No.17966 of 2020, dated 16.04.2021, regularizing the

services of the petitioner therein in the cadre of Typist from the date of her

joining into duty with all consequential benefits vide

E.File.No.D4/265728/2019, dated 08.07.2021 of CEO, ZP, East Godavari

district.

6. Learned counsel for the petitioner further placed reliance of the orders

of the learned Tribunal and also the Division Bench of this Court dated

14.08.2019 in W.P.No.11321 of 2019, wherein the Hon'ble Division Bench

discussed about the Government Orders and earlier orders passed by the

learned Tribunal in similar circumstances, including relaxation given by the

State Government, by way of the Government Orders and also the present

situation, with regard to the non-usage of type machines and the usage of

computers, came to conclusion that the very insistence of the respondent

authorities cannot be sustained. Hence, in the instant case, the petitioner is

also entitled for relaxation of the condition that he shall acquire Typewriting

Higher Grade in Telugu as per Government orders. He further submits that the

petitioner has having Diploma in Computer Application, PGDCA certificate and

completed Typewriting Higher Grade in English and hence, the petitioner is

having knowledge to discharge his duties as Typist. Therefore, learned

counsel for the petitioner requests this Court to allow the writ petition.

7. Per Contra, learned Assistant Government Pleader submits that a

memo was issued to the petitioner by the 2nd respondent dated 22.05.2019,

wherein it is stated that even after completion of 4 years 11 months, the

petitioner failed to qualify and produce pass certificates of Higher Grade in

Telugu and English and if he fails to submit the same, the petitioner may be

reverted to the lower post i.e., Office Subordinate. The petitioner also agreed

to take lower post in the representation submitted by the petitioner to the 2 nd

respondent on 21.10.2021, if he fails to qualify in Telugu Higher typing exam

within two months. Even after completion of time, the petitioner did not passed

the exam. Once the petitioner failed to comply the conditions stipulated at the

time of his joining, he has to take the lower post or to be discharged.

Therefore, the services of the petitioner cannot be regularized, since the

petitioner has not fulfilled the conditions i.e., passing of Higher Telugu typing

exam as per the conditions laid down at the time of appointment, his

willingness and Government rules. Therefore, learned Assistant Government

Pleader prays to dismiss the writ petition.

8. On considering the submissions of both the learned counsels and upon

perusing the entire material on record and also following the order of the

decision of the Hon'ble Division Bench of this Court as stated supra, this Court

is inclined to declare the impugned memo Rc.No.343/Estt/EC1/2019, dated

Nil.05.2019 issued by the 2nd respondent as illegal, arbitrary.

9. Accordingly, the Writ Petition is allowed. The impugned memo

Rc.No.343/Estt/EC1/2019, dated Nil.05.2019 issued by the 2nd respondent is

hereby setaside. Further, the respondents are directed to regularize the

service of the petitioner as Typist with all consequential benefits, within a

period of eight (08) weeks from the date of receipt of a copy of this order.

There shall be no order as to costs.

10. As a sequel, miscellaneous applications pending, if any, shall stand

closed.

__________________________ Dr. K. MANMADHA RAO, J BMS