Andhra Pradesh High Court - Amravati
T.Padmavathi vs The Chief Executive Officer on 20 September, 2024
APHC010060842022
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
FRIDAY ,THE TWENTIETH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 3998/2022
Between:
T.padmavathi ...PETITIONER
AND
The Chief Executive Officer and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. SANTHAPUR SATYANARAYANA RAO
Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2. B V APARNA LAKSHMI
The Court made the following:
ORDER:
This 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 1st respondent in not regularizing the services of the petitioner in the cadre
of Typist and not releasing periodical increments, other benefits, despite of possessing
technical qualifications, such as Typewriting English lower as well as Higher Grade and
Telugu lower grade as well as including Post Graduate Diploma in Computer Application
Course(PGDCA), on the untenable ground that, the petitioner passed higher grade
typewriting Telugu beyond prescribed period in the order of appointment is as highly
illegal, arbitrary, unjust, improper, discriminatory, contrary to the provisions and contrary
to the recent Division Bench judgment of this Honourable court in WP No.11321/2019,
dated 14.8.2019 r/w recent judgment dated 16.04.2021 in WP No.17966/2020 including
orders in OA No. 2201/2014, dated 2.9.2014 as well as proceedings issued in
E.File.No.D4/265728/2019 dated 08.072021. of CEO, ZP, East Godavari Dist., Kakinada.
(b) And consequently to direct the respondents to forthwith regularize the services of the
petitioner w.e.f her date of joining into duty as Typist with all consequential benefits, such
as seniority, periodical increments without taking account of passing of Typewriting higher
grade in Telugu belatedly, in view of similar relaxation orders which was granted in favor
of certain class of employees vide G.O.Ms.No.116 GA (Ser.B) Dept. dated 29.2.2008 and
also petitioner already passed all technical qualifications apart from possessing of Post
Graduation Diploma in Computer Application Course by the petitioner in view of law laid
down by this Honourable court in WP No. 11321/2019, dated 14.8.2019, r/w recent
orders dated 16.04.2021 in WP No.17966/2020 and order in OA No. 2201/2014, dated
2.9.2014 of the erstwhile APAT in the same subject matter and to pass...."
2. Brief facts of the case are that the petitioner was appointed as Typist
vide proceedings Rc.No.A2/8274/2009 dated 03.11.2009 against backlog
vacancies meant for SC/ST communities, as the petitioner belongs to ST
community. In the appointment order a condition was incorporated that the
petitioner should acquire requisite qualifications i.e., Typewriting Higher Grade
Telugu within the time frame allowed. Since the appointment of the petitioner,
she is discharging her duties as Typist on computer. The Government itself
has taken a decision and relaxed acquiring the qualification of Typewriting as
well as Shorthand vide G.O.Ms.No.116 GAD (Ser.B) Department dated
29.02.2008. The petitioner passed all technical qualifications much prior to her
appointment including PGDCA except Typewriting Higher Grade Telugu. Later
the petitioner acquired requisite qualification but beyond the time. Though, the
petitioner obtained requisite qualification, the 1st respondent is not regularizing
the services of petitioner from the date of joining on the ground that the
petitioner obtained qualification after the time frame. Aggrieved by the action
of the 1st respondent, the present Writ Petition is filed.
3. Heard Mr.S.Satyanarayana Rao, learned counsel for the petitioner and
learned counsel appearing for the respondents.
4. 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 possesses all qualifications except Type Writing Higher Grade in
Telugu. 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.Ms.No.116 GAD (Ser.B), dated
29.02.2008 issued exemption from acquiring the qualification of Typewriting
as well as shorthand to the persons appointed between 05.03.1987 to
04.08.1988. 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. He would further submit that
the petitioner acquired requisite qualification but beyond the stipulated the
time.
5. 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 regularization of services as typist from the date of joining, as
she possesses all the requisite qualifications. Therefore, learned counsel for
the petitioner requests this Court to allow the writ petition.
6. Per Contra, learned counsel for the respondents would submit that the
in the appointment order provided to the petitioner, it is clearly stated that the
petitioner shall acquire all the requisite qualifications in the stipulated period of
time. But the petitioner has acquired Typewriting in Telugu Higher Grade
beyond the stipulated time. 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. Therefore, learned Assistant Government Pleader prays to
dismiss the writ petition.
7. On considering the submissions of both the learned counsels and upon
perusing the entire material on record and also by following the decision of the
Hon'ble Division Bench of this Court as stated supra, this Court is inclined to
allow the Writ Petition.
8. Accordingly, the Writ Petition is allowed. The 1st respondent is directed
to regularize services of the petitioner from the date of joining into duty 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.
09. As a sequel, miscellaneous applications pending, if any, shall stand
closed.
__________________________
Dr. K. MANMADHA RAO, J
Dated: 20.09.2024
MH
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 3998/2022
Dated: 20.09.2024
MH
