IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI ' (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 1687fi OF 2022 Between: Polam Reddy Venkateshwarlu. S/o. Balakota Reddy, Age; 29 years, Occ: Typist, O/o. Joint Director of Agriculture, Ongole, Prakasham District. ...PETITIONER AND 1. The District Collector and Chairman, District Selection Committee, Ongole, Prakasham District 2. The District Agriculture Officer/Joint Director of Agriculture, Ongole, Prakasham District. 3. The Director of Welfare of Differently abled and Senior Citizens, State of Andhra Pradesh, Krishnanagar, Vijayawada, Krishna District. 4. The Commissioner of Agriculture, State of Andhra Pradesh, Chuttugunta, Guntur, Guntur District. 5. The State of Andhra Pradesh, Rep. by its Principal Secretary, ^ Agriculture Department, Secretariat, Velagapudi, Guntur District. ...RESPONDENTS Petition under Article 226 of the Constitution of India the circumstances stated be pleased to issue praying that in in the affidavit filed therewith, the High Court may 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 2 nd respondent in issuing the present impugned memo Rc.No. Estt.MI/657/2018 dated 09.05.2022, wherein the respondent already taken a decision with predetermine mind to revert the services of the petitioner to lower category post i.e., class-IV ^ employee and issued the present impugned notice Therefore such action is as an empty formality, as highly illegal, arbitrary, unjust, colourable ■ > exercise of power, vindictive attitude, violative of instructions respondent vide letter No.C1/1494/2015 issued by the dated 21.09.2015 including the 1 original orders of appointment dated 18.05.2018 of respondent pronouncements in the subject matter including contrary to various judicial and set aside or quash the same, (b) and consequently direct the respondents to forthwith regularize the service of the petitioner date of joining into duty and on that basis declare his probation cadre of Typist and revise his pay and allowances with all benefits thereon without insisting for passing of Typewriting in view of instructions issued by the 3ra w.e.f his in the consequential Telugu Higher, respondent vide letter dated 21.09.2015 including prevailing circumstances and also taking into consideration that the petitioner herein having 100% Visually handicapped without reference to the present impugned order dated 09.05.2022. lA NO: 1 OF 20?? Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances m support of the petition, the High Court may be pleased to direct the respondent to continue the services of the petitioner as Typist by suspending the operation of the present impugned memo Rc.No. Estt.111/657/2018 dated 09.05.2022 of the 2- respondent (which is not effected as on today). Counsel for the Petitioner: SRI E.VENKAT RAO representing SRI S. SATYANARAYANA RAO Counsel for the Respondents: AGP FOR SERVICES The Court made the following: ORDER II / APHC010285182022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] THURSDAY ,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 16876/2022 Between; Polam Reddy Venkateshwarlu ...PETITIONER AND The District Collector And Chairman and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SANTHAPUR SATYANARAYANA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES II The Court made the following Order: The 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 2”'* respondent in issuing the present impugned memo Rc.No.Estt.lll/657/2018, dated 09.05.2022 wherein the respondent already taken a decision with predetermine mind to revert the services of the petitioner to lower category post i.e., class-IV employee and issued the present impugned notice as an empty f 2 formality. Therefore such action is as highly illegal, arbitrary, unjust, colourable exercise of power, vindictive attitude, violative of instructions issued by the 3 respondent vide letter N0.CI/1494/2015, dated 21.09.2015 including original orders of appointment dated 18.05.2018 of the 1^‘ respondent including contrary to various Judicial pronouncements in the subject matter and set aside or quash the same (b)and consequently direct the respondents to forthwith regularize the service of the petitioner w.e.f. his date of Joining into duty and on that basis declare his probation in the cadre of Typist and revise his pay and allowances with all consequential benefits thereon without insisting for passing of Typewriting Telugu Higher, in view of instructions issued by the respondent vide letter dated 21.09.2015 including prevailing circumstances and also taking into consideration that the petitioner herein having 100% Visually handicapped without reference to the present impugned order dated 09.05.2022 " V rd 2. Heard Mr.E.Venkat Rao, learned counsel representing Mr.S.Satyanarayana Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Services-ll, for the respondents. 3. On hearing, it is conjointly submitted by the learned counsel for the petitioner and learned Assistant Government Pleader that the issue involved in this writ petition is squarely covered by the order of this Court in Writ Petition No.25015 of 2021, dated 06.09.2024. 4. In view of the submissions made by both the petitioner’s counsel and learned Assistant Government Pleader, this Writ Petition is disposed of, in terms of the above said Order in Writ Petition No.25015 of 2021, dated 06.09.2024. 3 f 5. As a sequel, miscellaneous applications pending, if any, shall stand closed. 6. Registry is directed to attach a copy of the Order in Writ Petition No.25015 of 2021, dated 06.09.2024, to this Order. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// Se^TfOM OFFICER To, 1. The District Collector and Chairman, District Selection Committee, Ongole, Prakasham District 2. The District Agriculture Officer/Joint Director of Agriculture, Ongole, Prakasham District. 3. The Director of Welfare of Differently abled and Senior Citizens, State of Andhra Pradesh, Krishnanagar, Vijayawada, Krishna District. 4. The Commissioner of Agriculture, State of Andhra Pradesh, Chuttugunta, Guntur, Guntur District. 5. The Principal Secretary, Agriculture Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 6. One CC to Sri S.Satyanarayana Rao, Advocate [OPUC] 7. Two CCs to GP for Services-ll, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. (Along with a copy of the order in W.P. No.25015 of 2021, dated 06.09.2024 to this order) ssb HIGH COURT DATED:30/01/2025 ORDER WP.No.16876 of 2022 DISPOSING OF THE W.P. WITHOUT COSTS / APHC010407762021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 25015 OF 2021 Between: K. Murali, ...PETITIONER AND The District Collector and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.SANTHAPUR SATYANARAYANA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: ORDER:- This petition is filed under Article 226 of the Constitution of India for the following relief:- “to issue an order direction or writ more particulariy one in the nature of Writ of Mandamus, (a) by declaring the entire action of the respondents, particularly the entire action of the 2"^ 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 High Grade Telugu including Post Graduate Diploma In Computer Application Course, on the untenable ground that, the petitioner did not acquired typewriting qualifications mentioned in his appointment order dated w 20.02.2014, other way issuing notice Rc.No.436/2014-A, dated 07.03.2019 by the 2""^ respondent asking willingness to work in lower post is as highly illegal, arbitrary, discriminatory, and contrary to the Division Bench judgment of this Hon’ble Court in W.P.No. 11321 of 2019, dated 14.08.2019 read with recent judgment dated 16.04.2021 in W.P.No.17966 of 2020 including orders in O.A.No.2201/2014, dated 02.09.2014 in the same subject matter and contrary to various orders issued by the Government, in the similar subject matter, if necessary set aside the above notice dated 07.03.2019 of the 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 without taking account of passing of Typewriting qualifications beyond mentioned in his appointment order as well as without reference to notice Rc.No.436/2014-A, dated 07.03.2019 of the 2"‘^ respondent, 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) Department dated 29.2.2008 well as possiessing of Post Graduation Diploma in Computer Application Course by the petitioner in view of law laid down by this Hon'ble Court in W.P.No.11321/2019 dated 14.08.2019 read with recent judgment dated 16.04.2021 in W.P.No.17966 of 2020 including orders in O.A.No.2201/2014, dated 02.09.2014 of erstwhile APAT in the same subject matter and pass such other order or orders ” as 2. The precise case of the petitioner is that he was appointed as Typist on compassionate grounds and he joined duty on 22.02.2014 on condition that he should acquire requisite qualifications such as Typewriting Higher Grade both in English and Telugu within time framed allowed, in terms of G.O.Ms.No.612, dated 30.10.1991. While the matter stood thus, the 2"^^ respondent issued a Memo dated 07.03.2019 directing the petitioner to submit his wiliness to take the lower post. The petitioner made a request to the 2 respondent stating that he already acquired PGDCA computer certificate which is sufficient and in the case of other, no such condition are stipulated and requested to consider all the factors. However, the 2"^^ respondent nd f ignoring the same has initiated steps to issue reversion orders. Therefore, the present writ petition came to be filed. 3. Heard Mr. S. Satyanarayana Rao, leaned counsel for the petitioner; learned Assistant Government Pleader, Services-I and learned Assistant Government Pleader, Services-IV for the respondents. 4. During hearing learned counsel for the petitioner reiterated the contents urged in the writ petition and mainly contended that the erstwhile A.P.Administrative Tribunal in its order dated 02.09.2014 in O.A.No.2201 of 2014 and batch held that in respect of his colleague employees by duly taking into consideration of earlier orders including various G.Os held that the applicants therein having qualification of PGDCA entitled for regularization of their services in the cadre of Typist and other consequential benefits. The Government also issued G.O.Ms.No.969, dated 27.10.1995 granting five years grace period for acquiring qualifications stipulated in the appointment orders in respect of the persons appointed on compassionate grounds. But ignoring the said G.Os and orders of the learned Tribunal, the 2^^^^ respondent issued memo dated 07.03.2019, asking willingness to work in lower post is highly illegal and arbitrary. 5. It is further contended that this matter is squarely covered by an order of this Court dated 01.12.2022 in W.P.(AT) No. 233 of 2021, therefore. learned counsel for the petitioner requested this Court to pass similar order in this writ petition also. 6. Learned Assistant Government Pleader for respondents vehemently ^ opposed to allow the writ petition as the petitioner did not submit required qualification certificates as stipulated during his appointment and failed comply with the same. Hence, the petitioner is not entitled to claim any relief. to 7. Perused the record. 8. Learned counsel for the petitioner placed on record the orders of the orders of the learned Tribunal dated 02.09.2014 passed in O.A.No.2201 of 2014 and batch and also the order 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. Therefore, in the instant case, the petitioner is also entitled for relaxation of the condition that he shall acquire typewriting and shorthand higher grades as per Government Orders. 9. Following the order of the Hon’ble Division Bench of this Court cited supra and also order of this Court in W.P.(AT).No. 233 of 2021, this Court is inclined to allow the Writ Petition, while declaring the impugned proceedings dated 07.03.2019 issued by the 2 arbitrary and same is hereby set aside. Further, the respondents are directed as nd respondent as illegal ^ to continue the petitioner as Typist and regularize his services in accordance with due procedure with all consequential benefits from the date of his joining into duty as Typist, within three (03) months from the date of receiptof a copy of this order. 10. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. The miscellaneous applications pending, if any, shall also stand closed. DR. JUSTICE K. MANMADHA RAO Date: 06.09.2024 KK