Extracted from the PDF above. The PDF is authoritative.
APHC010255602025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13292/2025 Between: Dr Kasarla Venkata Padmavathi ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. MEKA RAHUL CHOWDARY Counsel for the Respondent(S):
1. GP FOR SERVICES I
2 HCGR,J W.P.No.13292 of 2025 The Court made the following order:
This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:-
“…to issue an order, writ, or direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the 1st respondent in not considering the representations of the petitioner dated 28.10.2024, 23.12.2024 and 24.01.2025, requesting to issue necessary directions/clarifications for declaring the probation of the petitioner as illegal, arbitrary and unconstitutional and consequently direct the 1st respondent to issue directions/provide clarifications, keeping in view, the amendments carried out vide G.O.Ms.No.26 General Administration (Ser.B) Department dated 12.03.2024 and the relaxations provided vide G.O.Ms.No.69 General Administration (Ser.B) Dept, dated 24.07.2023 and to pass such other order or orders.…”
2. Heard Sri Meka Rahul Chowdary, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. 3. Petitioner’s husband working as Civil Assistant Surgeon, PHC, Piduguralla, died in harness on 29.07.2019. Upon application of petitioner, the 2nd respondent has issued orders by proceedings dated 24.03.2021 appointing petitioner as Junior Assistant on compassionate grounds. In terms of the said appointment, petitioner was required to acquire the qualification of proficiency in office automation with usage of computers and associated software test (commonly referred as Computer Proficiency Test/CPT), which is mandatary in terms of G.O.Ms.No.112, General Administration
3 HCGR,J W.P.No.13292 of 2025 (Ser.A) Department, dated 18.08.2017, within a period of two years from the date of joining into service. 4. Petitioner has joined service on 24.03.2021 and has acquired the said qualification on 14.02.2023, as can be seen from Ex.P.8. When once the petitioner had cleared aforesaid qualifying test, it was incumbent upon respondents to declare the petitioner’s probation from the date of joining.
In terms of G.O.Ms.No.69, General Administration (Ser.B) Department, dated 24.07.2023, the Government has clearly specified that candidates who acquire the qualification of CPT within two years from the date of appointment, they shall be entitled for regularization from the date of initial appointment in their respective cadres. Inspite of aforesaid orders, it appears that the 2nd respondent has addressed a memo dated 21.09.2023 to the Chief Commissioner of Land Administration, entertaining a doubt as to whether the date of regularization should be from the date of acquiring said proficiency test or from the date of initial appointment, which is stated to be pending consideration at that stage. 5. Petitioner has made representations dated 28.10.2024, 23.12.2024 and 24.01.2025 to the 1st respondent by placing reliance on aforesaid G.O.Ms.No.69, General Administration (Ser.B) Department, dated 24.07.2023, claiming to declare probation and
4 HCGR,J W.P.No.13292 of 2025 regularize of service from the date of initial appointment, which are stated to be pending. 6.
Learned counsel for the petitioner submits that when G.O.Ms.No.69, General Administration (Ser.B) Department, dated 24.07.2023, is clear and categorical that once candidates acquire CPT qualification, they are entitled to be considered for regularization from the date of initial appointment in their respective cadres but not from the date of acquiring the said qualification, however, for the reasons best known, the 2nd respondent has addressed the issue to the Chief Commissioner of Land Administration, who in turn forwarded to the 1st respondent. In view of categorical clarification in aforesaid G.O., the petitioner is entitled to be considered for regularization with effect from 24.03.2021. As petitioner’s representations are pending consideration, learned counsel urged to issue necessary directions for consideration of the same in terms of G.O.Ms.No.69, General Administration (Ser.B) Department, dated 24.07.2023.
7. Learned Assistant Government Pleader for Services-II appearing for respondents on the other hand submits that as the 2nd respondent has entertained a doubt with regard to date to be applicable for regularization i.e., either from the date of initial appointment or from the date of qualifying CPT, issue has been
5 HCGR,J W.P.No.13292 of 2025 escalated to the 1st respondent. However, as the petitioner has submitted representations, her case will be considered in accordance with law.
8. Perused the record.
9. On appreciating the rival contentions, this Court is of the opinion that the issue as to whether the date of regularization of services should be from the date of initial appointment to their respective cadres or from the date of clearing the CPT, cannot be an issue at all, inasmuch as, G.O.Ms.No.69, General Administration (Ser.B) Department, dated 24.07.2023 has categorically laid down that date of initial appointment to be reckoned for the purpose of regularization. Be that as it may, as the issue has now been once again escalated to the 1st respondent, it would suffice to issue directions to dispose of the same.
10. In view of the same, with the consent of both the learned counsel, the Writ Petition is disposed of at the admission stage directing the respondents to consider and pass appropriate orders on petitioner’s representations dated 28.10.2024, 23.12.2024 and 24.01.2025, having due regard to G.O.Ms.No.69, General Administration (Ser.B) Department, dated 24.07.2023, within a period of four (04) weeks from the date of receipt of a copy of this
order. There shall be no order as to costs.
6 HCGR,J W.P.No.13292 of 2025
As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN
Date: 16.06.2025 KBN