V APHC010490202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 25045 OF 2025 Between: Seelam Rajesh, S/o Late S.Nageswara Rao, aged 28 years Occ: Junior Assistant, PHC Taduvai, Jangareddygudem Mandal, Eluru District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Health Medical and Family Welfare Dept, Secretariat, Velagapudi, Guntur District. 2. The Director of Public Health and Family Welfare AP, Gollapudi, Vijayawada, Krishna District. 3. The Regional Director of Medical and Rajamahendravaram. 4. The District Medical and Health Officer, Eluru District at Eluru Health Service, Zone-ll ...RESPONDENTS praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of mandamus declaring the action of the particularly the 1®* respondent in not considering the petitioners dated 9-12-2024, submitted for condoning the delay of passing the Proficiency Petition under Article 226 of the Constitution of India respondents herein, more representation in office Automation with usage of Computer and Associate Software giving necessary relaxation to the i Memo.No.REV01-CCSTOCCTC/62/2024 arbitrary, discrimination and test by rule as done in case of others vide -CT-1, dated 11-03-2025 as illegal, un-constitution and consequentially the Honble court may pleased to direct the respondents herein to considering the petitioner's representation dated 09-12-2024, for condoning the passing the Proficiency in office Automation with Associate Software test by giving delay in usage of Computer and necessary relaxation to the rule. LA NO: 1 OF 900*^ Petition under Section 151 CPC in the affidavit filed i praying that in the circumstances stated in support of the petition, the High Court may be pleased to considering the petitioner’s representation dated condoning the deiay in passing the “Proficiency in usage of Computer and Associate Software par with others, pending disposal of the direct the 1*'respondent to 9-12-2024, submitted for Office Automation with test on above writ petition. Counsel for the Petitioner: SRI Counsel for the Respondent Nos. The Court made the following M. R. TAGORE 1 to 4: GP FOR SERVICES-I order: 4 APHC010490202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY.THE SIXTEENTH DAY OF SEPTEMBER TWO TH.OUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 25045 OF 2025 Between: 1.SEELAM RAJESH,, S/0 LATE S.NAGESWARARAO, AGED 28 YEARS OCC. JUNIOR ASSISTANT, PHC TADUVAI, JANGAREDDYGUDEM MANDAL, ELURU DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HEALTH MEDICAL AND FAMILY WELFARE DEPT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DIRECTOR OF PUBLIC HEALTH AND FAMILY WELFARE AP, GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT. 3.THE REGIONAL DIRECTOR OF MEDICAL AND HEALTH SERVICE, , ZONE-LL RAJAMAHENDRAVARAM. 4.THE DISTRICT MEDICAL AND HEALTH OFFICER, ELURU DISTRICT AT ELURU ...RESPONDENT(S): Counsel for the Petitioner: 1.M R TAGORE Counsel for the Respondent(S): 1.GP FOR SERVICES I THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 25045 OF 2025 ORDER: The present Writ Petition is filed questioning the action of the Respondents in not considering the representation of the Petitioner dated 09.12.2024 as illegal and arbitrary. 2. The Petitioner was appointed as Junior Assistant on compassionate grounds vide Proceedings dated 08.03.2017 by the D.M & H.O, West Godavari District and working as such since 8 years. The Service of the Petitioner was regularized and probation also declared with effect from 09.03.2017 and also granted increment till 2021. Later increments were stopped on the ground that the Petitioner had not passed Proficiency in Office Automation - with usage of Computer and Associate Software from March, 2022. The Petitioner has passed the Proficiency in Office Automation with usage of Computer and Associate Software test on 19.05.2022. Though his services were regularized and probation was declared. As the Annual Grade Increments from March, 2022 onwards were not granted to the Petitioner, the Present Writ Petition came to be filed. 3. Learned counsel for the Petitioner would contend that as per Rule 17(b) of the A.P.State and Subordinate Service. Rules, 1996, the appointing authority is competent to extend the probation, however, the period shall not extend one year. In such cases the Government alone is the competent authority to pass appropriate orders. 4. Learned Assistant Government Pleader did not dispute the aforementioned facts, but stated that the request of the Petitioner to relax the Rule 16(h) of A.P.State and Sub-ordinate Service Rules with consequential regularization of the Petitioner from the date of appointment as Junior Assistant and consider for promotion as Senior Assistant would be considered by the Respondents in accordance with Rules in vogue. 5. A perusal of the material on record, there is a dispute relating to the appointment of the Petitioner in the cadre of Junior Assistant on 08.03.2017 with a condition that the Petitioner shall qualify for the test i.e Proficiency in Office Automation with the usage of Computer and Associate Software. It is undisputed fact that the Petitioner qualified for the test on 19.05.2022. As per Rule 17(b) of the A.P.State and Subordinate Service Rules, 1996, the appointing authority may extend the probation of the employee, however, the extension shall not exceed one year. 6. In that view, without going into the merits of the case, the Writ Petition is disposed of, at the stage of admission with the consent of both the counsels, directing the Respondent No.2 to forward the proposal to the Respondent No.1 within four (04) weeks from the date of receipt of a copy of this order, so as to enable the Respondent No.1 to pass appropriate orders. Upon receipt of the communication, the Respondent No.1 shall consider the representation of the Petitioner dated 09.12.2024 and pass appropriate orders, within a period of three (03) months thereafter, strictly adhering in accordance with law. There shall be no order as to costs. 7. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Health Medical and Family Welfare Dept., State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Director of Public Health and Family Welfare AP, Gollapudi, Vijayawada, Krishna District. 3. The Regional Director of Medical and Health Service,Zone-ll Rajamahendravaram. 4. The District Medical and Health Officer, Eluru District at Eluru 5. One CC to Sri M. R. Tagore, Advocate [OPUC] 6. Two CCs to GP for Services-I, High Court of Andhra Pradesh [OUT] 7. Two CD Copies. ssb HIGH COURT DATED:16/09/2025 ORDER WP No. 25045 OF 2025 I" 2 • SFP 2«?5 g ^ * Current Section DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS