Telangana High Court

K.Satyanarayana Reddy vs The State Of Telangana on 15 November, 2022

Bench: Surepalli Nanda

 IN THE HIGH COURT OF TELANGANA AT HYDERABAD

                  W.P. No. 11641 of 2019
Between:
K.Satyanarayana Reddy                          ... Petitioner
                              And

The State of Telangana,
Rep. by Its Principal Secretary
Agriculture and Cooperation
Seri Department Secretariat
 Hyderabad and others
                                               ... Respondents

           JUDGMENT PRONOUNCED ON: 15.11.2022

     THE HON'BLE MRS JUSTICE SUREPALLI NANDA



1. Whether Reporters of Local newspapers   :     yes
   may be allowed to see the Judgment?

2. Whether the copies of judgment may be
   marked to Law Reporters/Journals?       :      yes

3. Whether Their Lordships wish to
   see the fair copy of the Judgment?      :      yes




                                    ____________________
                                     SUREPALLI NANDA, J
                                                           WP_11641_2019
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     THE HON'BLE MRS JUSTICE SUREPALLI NANDA

                  W.P. No. 11641 of 2019
% 15.11.2022

Between:

# K.Satyanarayana Reddy
                                                 ..... Petitioner
     and
$ The State of Telangana and others
                                                .....Respondents


< Gist:
> Head Note:



! Counsel for the Petitioner : Mr A. Thirupathi Goud

^Counsel for the Respondents: G.P. for Agriculture



? Cases Referred:
                                                            WP_11641_2019
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     THE HON'BLE MRS JUSTICE SUREPALLI NANDA

                  W.P. No. 11641 of 2019
ORDER:

Heard learned counsel for the petitioner and learned

Government Pleader for Agriculture.

2. This writ petition is filed to issue Writ of Certiorari

calling for records relating to the impugned

Proc.Rc.No.800/2012-B3A, dated 23.04.2019 issued by the

2nd respondent and quash or set aside the same and

consequently hold that the petitioner is entitled for sanction of

Automatic Advancement Scales on completion of 12/18 years

of service in the category of Farm Foreman Grade0II

(Technical Officer) by duly counting his service from the date

of his promotion to the said post i.e. on 16.12.1991 or at

least from the date of completion of 45 years of age and

exempted from passing the departmental test on 30.09.1998

in terms of G.O.Ms.No.225, GAD, dated 18.05.1999 with all

consequential benefits including revision of pension and other

retirement benefits.

3) The case of the petitioner, in brief, is as follows:

WP_11641_2019 4 SN,J

a) The petitioner was originally appointed as Operative

with effect from 21.06.1989 and his services were regularized

and probation was also declared. While so, the 3rd

respondent issued proceedings Rc.No.E/1780/99, dated

01.09.1999 withdrawing the increments sanctioned to him

during the years 1993, 1994, 1995 and 1996 on the

untenable ground that he had not passed departmental tests

within the prescribed time as per conditions stipulated in the

promotion orders.

b) The petitioner challenged the said orders in

O.A.No.6007 of 1999 before the Tribunal and the Tribunal

issued interim direction on 08.10.1999 suspending the

impugned orders dated 04.08.1999 and 01;.09.1999 and

directed the respondents to draw the same which the

applicants were drawing prior to the issuance of the impugned

orders.

c) The petitioner was reverted to the post of Farm

Foreman Grade II (Operative) on 02.09.2000 on untenable

grounds that he has not passed departmental tests prescribed

for the post of Technical Officer within the prescribed time

limit.

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d)    On the date of petitioner's reversion, he crossed 45

years of age.    Aggrieved by the same, the petitioner filed

O.A.No.8428 of 2000 before the Tribunal. The Tribunal

granted interim direction in the said OA on 22.12.2000,

directing the respondents to continue the petitioner as

Technical Officer since he had completed 45 years of age and

further Farm Foreman Grade II is the first stage of promotion

in the service as per G.O.Ms.No.225,GAD, dated 18.05.1999.

e) Based on the said directions, the Government issued

memo dated 15.02.2001 directing the 2nd respondent to take

further action in the matter and accordingly, the respondents

issued proceedings dated 10.04.2003 promoting the petitioner

to the post of Farm Foreman Grade-II on regular basis

consequent on passing of departmental tests. Based on the

said memo dated 15.02.2001 produced before the Tribunal,

the Tribunal closed O.A on 06.03.2004 as no further orders

are necessary.

f) As the petitioner continued in the post of Technical

Officer, he would have been entitled for 12 years increment in

terms of the Government policy, but the respondents are

counting the services of the petitioner in the post of Technical WP_11641_2019 6 SN,J

Officer w.e.f. 2003 onwards i.e. the date of passing

departmental tests which is totally illegal. Therefore, this writ

petition is filed.

4. The counter filed by the respondents, in brief, is

as follows:

a) As per G.O.Ms.No.120 Indu & Coop (SP&S) Department,

dated 09.03.1989, a member of service who has not passed

the Sericulture test, but he is otherwise qualified and suitable

for promotion to such category, grade or post may be

promoted thereto temporarily. If a member so promoted

does not pass the said test in one of the first two

examinations held after such promotion he shall be reverted

to the category, grade or post which he was promoted and

shall not again be eligible for promotion under this rule.

b) As per Rule 5 read with Annexure in G.O.Ms.No.4

Housing (Sericulture) Department, dated 13.11.1990, one

must have passed the Sericulture Departmental Test Part I for

promotion to the category of Form Foremen Grade II now

Technical Officer from the post of Operative now Technical

Assistant.

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c)    Since the petitioner has not completed 12 years of

service in the cadre of Technical Officer from the date he was

promoted and reported as Technical Officer on 16.04.2003

and hence, the said request was rejected. The petitioner was

retired on 30.09.2013 i.e. after 10 years incremental service

only. Hence, the writ petition is liable to be dismissed.

PERUSED THE RECORD :

5. Paras 2, 3, 4, 11, 13, 15 & 17of the counter

affidavit filed on behalf of the Respondents read as

under :

Para 2 : As per G.O.Ms.No.120 Indu & Coop. (SP&S) Dept., dated 09.03.1989, a member of service who has not passed the Sericulture Test but he is otherwise qualified and suitable for promotion to such category, grade or post may be promoted thereto temporarily. If a member so promote does not pass first two examinations held after such promotion he shall be reverted to category, grade or post which he was promoted and shall not again be eligible for promotion under this rule.

Para 3 : As per rule-5 read with Annexure in GO Ms. No. 4 Housing (Sericulture) Dept. dated: 13.11.1998, One must have passed the Sericulture Departmental Test Part-I for promotion to the category of Farm Forman Grade-II now Technical Officer from the post of Operative now Technical Asst.

Para 4 : It is respectfully submitted that in the instant case of Sri K.Satyanarayana Reddy. Technical Officer (Retired) as on the date he was promoted as Farm Foremen now Technical Officer on 16.12.1991 vide Pro. Rc: No. 319/91-E. Dated: 06.12.1991, the pre-condition of passing of WP_11641_2019 8 SN,J

Department Test Part-I for promotion to the post of Farm Foremen now Technical Officer was prevailing in G.O. Ms.No.4 Housing (Sericulture) Dept. dated: 13.11.1990. However, he was temporarily promoted as Farm Foremen now Technical Officer with a pre-condition to pass the Sericulture Departmental Test Part-I in one of the first (2) examinations held after Promotion failing which he shall be reverted to the lower category in terms of per GO. Ms. No. 120 Indy & Co (Sp & S) Dept. Dated: 09-03-1989.

Para 11 : It is submitted that as per orders issued in GO Ms.No.225 GAD (Ser.C) Dept., dt. 18.05.1999, exemption is applicable in case of Departmental Tests or Special Tests only, were they are prescribed as a pre-requisite for promotion and this exemption shall not be applicable were like Technical or academic qualifications are prescribed for promotion in the next higher category of posts.

Para 13 : Further it is to submit that, in pursuance of the APAT orders dated: 29. 10.-2014 in OA No.6265/2014, representation dated: 30.08.2013 was examined and speaking orders issued Vide Memo Rc.No.800/2012-B3A, dated: 02.12.2014 through the Asst. Director of Sericulture, Elkathurthy duly informing that, passing of departmental test part-1 is a pre-requisite technical qualification for promotion to the cadre of Technical Officer. Hence as per GO Ms.No.225 GAD (Ser.C) Dept. Dated: 18.05.1999, he is not eligible for exemption from passing of Sericulture Departmental Test Part-I on completion of (45) years of age and sanction of (12) years Special promotion post scale -I A. Further, he has not completed (12) years of service in the cadre of Technical Officer from the date he was promoted and reported as Technical Officer on 16/04/2003. Hence his request to sanction of (12) years automatic advancement scale is rejected. The representation made by him was disposed off accordingly.

Para 15 : It is respectfully submitted that, the petitioner very well knows that, he was personally called by, the then Commissioner of Sericulture (FAC) and explained the above position and informed that, he is not eligible for (12) years SPPS-I as he has not completed (12) years incremental service in the cadre of Technical Officer w.e.f. 16.04.2003 and was retired from Govt. service on 30.09.2013 ie after completion of (10) years incremental service only. Even in the office Memo dated: 31.01.2017 after informing the above WP_11641_2019 9 SN,J

position to the petitioner, petitioner is habitually submitting representations to the Commissioner of Sericulture and Govt. of Telangana.

Para 17 : It is respectfully submitted that, passing of departmental test part- I is a pre-requisite technical qualification for promotion to the cadre of Technical Officer. Hence as per GO Ms.No.225 GAD (Ser.C) Dept. Dated: 18- 05-1999, he is not eligible for exemption from passing of Sericulture Departmental Test Part-I on completion of (45) years of age and sanction of (12) years Special promotion post scale-I A. Further, he has not completed (12) years of service in the cadre of Technical Officer from the date he was promoted and reported as Technical Officer on 16.04.2003. Hence his request for sanction of (12) years automatic advancement scale is rejected.

DISCUSSION & CONCLUSION :

6. Taking into consideration the specific averments

made in the counter affidavit filed by the Respondents

paras 2, 3, 4, 11, 13, 15 & 17 (referred to and extracted

above), this Court is of the firm opinion that the

petitioner is not entitled for the prayer as sought for.

7. As per Rule 5 read with Annexure in G.O.Ms.No.4,

Housing (Sericulture) Department, dt. 13.11.1990, one

must have passed the Sericulture Departmental Test

Part-I for promotion to the category of Farm Foreman

Grade-II. A bare perusal of Clause 5 of G.O.Ms.No.4, dt.

13.11.1990 which deals with qualifications reads as

under :

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Clause 5 Qualifications : No person shall be eligible for appointment to the category specified in column(1) of the Annexure by the method specified in the corresponding entry in column (2) unless he possesses the qualifications specified in the corresponding entry in column (3) thereof.

Clause 10 Tests :

10 (b) Every person appointed by direct recruitment to the category of Farm Foreman, Grade II shall pass Sericulture Departmental Test within the period of probation.

8. This Court opines that in view of the fact that

passing of the Departmental Test Part-I is a pre-

requisite technical qualification for promotion to the

cadre of Technical Officer. Hence, as per G.O.Ms.No.225

GAD (Ser.C) Department, dt. 18.05.1999 the petitioner

is not eligible for exemption from passing of Sericulture

Departmental Test Part-I on completion of 45 years of

age and sanction of (12) years Special Promotion Post

Scale - IA. Hence there is no any illegality in rejecting

the request of the Petitioner for sanction of (12) years

automatic advancement scale.

9. Taking into consideration the above referred facts