APHC010218822024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) fM THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11033 OF 2024 ^ Between: Boja Sharon, D/o. Boja Rama Tulasi (Late) Aged about 26 Years, R/o.Door No.58-28-14 Gandhi Nagar Visakhapatnam, Visakhapatnam District. Near Church, Butchiraju palem ...Petitioner AND 1. The State of Andhra Pradesh, Rep. its Principal Secretary, Agriculture and Cooperation Department Amaravati, Guntur District- 522238. 2. The Commissioner and Director of Agriculture, Government of Andhra Pradesh, Old Mirchi Yard, Besides Rythu Bazaar, Chuttugunta Centre, Guntur -522004, Guntur District. 3. The District Agriculture Officer, Tummapala, Anakapalli, Anakapalli District, (formerly Visakhapatnam District) Room No. 101, Secretariat, Velagapudi, ...Respondents Petition under Article 226 of the Constitution of India praying thatiin the circumstances stated in the affidavit filed therewith, the High Court rrjay be pleased to issue an order, writ or direction more particularly in the nature of Writ of Mandamus directing the respondents to take immediate action for regularization of services of the Petitioner in the cadre of Junior Assistant w.e.f. 27.02.2019 FN in view of acquiring the requisite qualification of B.Com Bachelors Degree in stipulated time as per the conditions of Appointment Junior, Assistant as illegal arbitrary and violative of article 14, 21 constitution as of indi^ and consequently direct the respondents to declare the probation of the Petitioner as satisfactorily in the Cadre of Junior Assistant in view of completing of more an 5 years of service of Junior Assistant w.e.f. 26.02.2023 AN. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to regularize the services w.e.f 27-02-2019 FN and to declare the probation of the Petitioner as satisfactorily in the Cadre of Junior Assistant w.e.f 26-02- 2021 FN on completion of 2 years on duty within the continuous period of 3 years and also in view of completing of more than 5 years of service of Junioi^ssistant w.e.f. 26.02.2023 AN, pending disposal of the writ petition. Counsel for the Petitioner: SRI DHANA RAJU GUNTU Counsel for the Respondents: GP FOR AGRICULTURE The Court made the following order: APHC010218822024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11033/2024 Between: 1.BOJA SHARON, D/0. BOJA RAMA TULASI (LATE) AGED ABOUT 26 YEARS, R/O.DOOR NO.58-28-14, GANDHI NAGAR, NEAR CHURCH, BUTCHIRAJU PALEM, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. ITS PRINCIPAL SECRETARY, AGRICULTURE AND COOPERATION DEPARTMENT, ROOM NO. 101, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT- 522238. 2.THE COMMISSIONER AND DIRECTOR OF AGRICULTURE, GOVERNMENT OF ANDHRA PRADESH, OLD MIRCHI YARD, BESIDES RYTHU BAZAAR, CHUTTUGUNTA CENTRE , GUNTUR -522004, GUNTUR DISTRICT. 3.THE DISTRICT AGRICULTURE OFFICER, TUMMAPALA, ANAKAPALLI, ANAKAPALLI DISTRICT, (FORMERLY VISAKHAPATNAM DISTRICT) ...RESPONDENT{S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, writ or direction more particularly in the nature of Writ of Mandamus directing the CGR, J. W.P.No.11033 of 2024 ' # respondents to take immediate action for regularization of services of the Petitioner in the cadre of Junior Assistant w.e.f. 27.02.2019 FN in view of acquiring the requisite qualification of B.Com Bachelors Degree in stipulated time as per the conditions of Appointment Junior Assistant as illegal arbitrary and violative of article 14, 21 constitution of india and consequently direct the respondents to declare the probation of the Petitioner as satisfactorily in the Cadre of Junior Assistant in view of completing of more than 5 years of service of Junior Assistant w.e.f. 26.02.2023 AN and pass such Counsel for the Petitioner: 1.DHANA RAJU GUNTU Counsel for the Respondent(S): 1.GP FOR AGRICULTURE The Court made the following: as THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN Writ Petition No.11033 of 2024 ORDER: The present writ petition is filed questioning action of respondents in not regularizing services of petitioner in the cadre of Junior Assistant considering her initial date of appointment i.e., 27.02.2019 in terms of G.O.Ms.No.69 General Administration (Ser.B) Department, dated 24.07.2023, as illegal and arbitrary. Petitioner has been appointed on compassionate grounds as Junior Assistant by proceedings, dated 27.02.2019. One of the conditions attached to the aforesaid appointment was that petitioner had to acquire Bachelor's Degree within five years from the date of appointment as she then only passed 10*'^ Standard. Petitioner stated to have acquired Degree on 18.07.2022 well within time. Petitioner also required to pass examination in Computer Proficiency Test, which came to be introduced by G.O.Ms.No.69, dated 24.07.2023, within two years. By G.O.Ms.No.69, dated 24.07.2023, Government had extended time for passing the said examination by two years from the date of issuance of the said order. Petitioner had passed the examination on 21.02.2023 well within time. Thereafter, petitioner requested for regularization of her services considering the date of 2. was CGR, J. W.P.No.11033 of 2024 initial appointment in the cadre of Junior Assistant, as the same is not being considered, she preferred the present writ petition. Respondents filed counter-affidavit, however, they have not 3. disputed the factum of petitioner being appointed on compassionate grounds and that she secured Degree on 18.07.2022 and passed the Computer Proficiency Test on 21.02.2023. However, stated that petitioner is not entitled to be considered for regularisation, treating her initial date of appointment as G.O.Ms. No.69, dated 24.07.2023 has no application to her. Heard learned counsel for the petitioner and learned Assistant 4. Government Pleader for Services-ll appearing for the respondents who reiterated the submissions as pleaded in the writ affidavit and counter-affidavit respectively. 5. Facts in the present case are not in dispute. The issue boils down to applicability of G.O.Ms.No.69, dated 24.07.2023. Para.7 of the said G.O. reads as under: “The Government, after careful examination of the matter, hereby dispense with the qualifications of passing the Typewriting examination both in Telugu and English for the post of Typist/LD Typist/UD Typist/Typist-cum-Assistant, to those who were appointed on compassionate grounds. However, they shall pass the Computer Proficiency Test (CPT) as prescribed in G.O.Ms.No.26, G.A. (Ser.B) Dept, clt.24.02.2023, within a period of two (2) years from the date CGR, J. W.P.No.11033 of 2024 of issue of these orders. Government also direct that those candidates who were appointed on compassionate grounds, who pass the Computer Proficiency Test (CPT) within two years from the date of issue of these orders, their services shall be regularized from the date of their initial appointment as Typist/LD Typist/UD Typist/Typist-cum-Assistant as the case may be and their probation shall be declared accordingly in relaxation of G.O.Ms.No.151, G.A. (Ser.G) Dept, dt.22.06.2004.” A reading of aforesaid para goes to show that Government Order categorically laid down that candidates who have passed Computer Proficiency Test within a period of two years from the date of issuance of the said G.O., are entitled to be regularized from the date of their initial appointment and their probation shall be declared accordingly. In the present case, petitioner was appointed as Junior Assistant on 27.02.2019 and she possessed only 10'^ Standard then. Later, she acquired Degree within the stipulated time on 18.07.2022. She also passed the Computer Proficiency Test on 21.02.2023, which is clearly even before issuance of G.O.Ms.No.69, dated 24.07.2023. As the said G.O. extended the time for passing Computer Proficiency Test by two years from the date of issuance of said G.O., candidates who passed Computer Proficiency Test even before issuance of said G.O. are also covered under para.7. There is no ambiguity with respect to the same and the petitioner, therefore, needs to be considered for regularisation treating her initial date of appointment in the cadre of Junior Assistant as 27.02.2019. In this view of the 6. CGR, j. W.P No. 11033 of 2024 matter, having regard to the aforesaid observation has to succeed. the writ petition 7. Accordingiy, the writ petition is aiiowed directing the respondents to regularise the of Junior Assistant with effect from 27.02.2019 services of the petitioner in the cadre the date on which she was appointed, by deciaration probation in terms of G.O.Ms.No.69, dated 24.07.2023. No order as to costs. As a sequei, misceiianeous petitions pending consideration any, in this case shall stand closed. . if Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1- The Principal Secretary, Agriculture of Andhra Pradesh, Room No. Guntur District- 522238. 2. The Commissioner and Director Pradesh, Old Mirchi Yard, ' Guntur -522004, Guntur District. 3. The District Agriculture Officer, (formerly Visakhapatnam District) 4. One CC to Sri Dhana Raju Guntu 5. Two CCs to GP for Agriculture 6. Two CD Copies and Cooperation Department, State 101, Secretariat, Velagapudi, Amaravati, of Agriculture, Government of Besides Rythu Bazaar, Andhra Chuttugunta Centre, Tummapala, Anakapaili, Anakapaiii District, , Advocate [OPUC] - High Court of Andhra Pradesh [OUT] Cnr high court ft DATED:03/07/2025 OF 11 AUG ^ . Current decuon ORDER WP NO. 11033 OF 2024 x- ‘2: C9j ALLOWING THE W.P WITHOUT COSTS