IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 30232 OF 2021 Between: Sanchana Ramu, S/o. Suryanarayana, Age. 42 years, Occ. Typist, O/o. District Ocasional Education Office, Vizianagaram, Deputed as Govt., Junior College, Cheepurupally, Vizianagaram District. ...PETITIONER AND The Commissioner of Intermediate Education, State of Andhra Pradesh, Tadepally, Guntur District. The District Collector and Chairman, District Selection Committee, Vizianagaram, The Regional Joint Director of Intermediate Education, Rajamahendravaram, East Godavari District. The Director of Welfare of Differently abled and Senior Citizens, State of Andhra Pradesh, Krishnanagar, Vijayawada, Krishna District. 1. 2. 3. 4. ...RESPONDENTS 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 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 3m respondent in issued the present impugned memo No. 151/B1/C2/2021 dated 13.12.2021 (which is communicated on 18.12.2021 to the petitioner), wherein already taken a decision with predetermine mind to revert the services of the petitioner to lower category post ie., class-IV employee or termination from the post of Typist and issued the present orders as an empty formality. Therefore such action is as highly illegal, arbitrary, unjust, colourable exercise of power, vindictive attitude, violative of instructions issued by the 4th respondent vide letter No.CI/1494/2015, dated 21.09.2015 including original orders of appointment dated 14.02.2017 of the 2nd respondent including contrary to various judicial pronouncements 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 probation in the cadre of Typist and revised his pay and allowances with ail consequential benefits thereon without insisting for passing of Typewriting Telugu, in view of instructions issued by the 4th 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 13.12.2021. lA NO: 1 OF 2021 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 suspend the operation of the present impugned memo NO.151/B1/C2/2021 dated 13.12.2021 of the 3rd respondent (which is communicated on 18.12.2021 to the petitioner) to unable the petitioner to continue as Typist. lA NO: 1 OF 2022 Between: 1. The Commissioner of Intermediate Education, State of Andhra Pradesh, Tadepally, Guntur District. 2. The District Collector and Chairman, District Selection Committee, Vizianagaram, 3. The Regional Joint Director of Intermediate Education, Rajamahendravaram, East Godavari District. 4. The Director of Welfare of Differently abled and Senior Citizens, State of Andhra Pradesh, Krishnanagar, Vijayawada, Krishna District. Respondents/Petitioners AND Sanchana Ramu, S/o. Suryanarayana, Age. 42 years, Occ. Typist, O/o. District Ocasional Education Office, Vizianagaram, Deputed as Govt., Junior College, Cheepurupally, Vizianagaram District. Petitioners/Respondents 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 vacate the interim orders passed by the Hon’ble High court on 28-12-2021 in WP. 30232/2021 in the interest of justice. Counsel for the PetitionenSRI SANTHAPUR SATYANARAYANA RAO Counsel for the Respondents No.1 to 3: GP FOR EDUCATION Counsel for the Respondent No.4: GP FOR DISABLED WELFARE DEPARTMENT The Court made the following: ORDER 1 APHC010503842021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] THURSDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 30232/2021 Between: Sanchana Ramu ...PETITIONER AND The Commissioner Of Intermediate Education and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SANTHAPUR SATYANARAYANA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES III The Court made the following: ORDER: This writ petition is filed under Article 226 of the Constitution of the India for 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 3m respondent in issued the present impugned memo No 151/B1/C2/2021 dated 13.12.2021 which is communicated on 18.12.2021 to the petitioner wherein already taken a decision with predetermine mind to revert the services of the petitioner to lower category post ie class-IV employee or termination from the post of Typist and issued the present orders as an empty formality Therefore such action is as highly illegal arbitrary unjust colourable exercise of power vindictive attitude violative of instructions issued by the 4th respondent vide letter No Cl/1494/2015 dated 21.09.2015 including original orders of appointment dated 14.02.2017 of the 2nd respondent including contrary to various judicial pronouncements and set aside or quash the same band consequently direct the respondents to forthwith regularize the service o his the petitioner we f his date of joining into duty and on that basis declare probation in the cadre of Typist and revised his pay and allowances with all consequential beneifts thereon without insisting for passing of Typewriting Telugu in view of instructions issued by the 4th respondent vide letter dated 21 09 2015 including prevailing circumstances and also taking into consideration that the petitioner herein having lOOpercent Visually handicapped without reference to the present impugned order dated 13.12.2021 and to pass..." 2 2. Heard Sri S.Satyanarayana Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Services-IV appearing for the respondents. 3. On hearing, learned counsel for the petitioner submits that the matter is squarely covered by the orders passed by this Court in WP No.25015 of 2021, dated 06.09.2024 and also in W.P.No.19496 of 2022, dated 25.10.2024, and hence, requests this Court to pass similar order in this writ petition also. The operative portion of the order in WP No.25015 of 2021 is as follows; “...Following the order ov the Hon'ble Division Bench of this Court as 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 2nd respondent illegal, arbitrary and same is hereby set aside. Further, the respondents are directed 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 thrfee (03) months from the date of receipt of a copy of this order. 10. With the above direction, this Writ Petition is disposed of. There shall be no order as to as costs. Learned Assistant Government Pleader appearing for the respondents reported no objection to allow the present writ petition on the same lines. 4. 5. In view of the submission made by both the learned counsels and upon perusing the entire material available on record, this Court deems fit to allow the present writ petition in terms of the said order. 6. Accordingly, the Writ Petition is allowed while declaring the impugned Memo No.151/B1/C2/2021 dated 13.12.2021 of the 3^'^ respondent, 3 Further, the as illegal, arbitrary and the same is hereby set aside. respondents are directed 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, by taking into consideration that the petitioner herein having 100% visually handicapped without reference to the present impugned order dated 13.12.2021 of the 3'"'^ respondent, within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. 7. The Registry is directed to attach a copies of the orders passed by this Court in W.P.No.25015 of 2021, dated 06.09.2024 & WP No.19496 of 2022 dated 25.10.2024 to this order. As a sequel, interlocutory applications. if any pending, shall stand closed. \ Sd/- J.SAROJA ASSISTANT REGISTRAR //TRUE COPY// ' SECTION OFFICER To, 1. The Commissioner of Intermediate Education, State of Andhra Pradesh Tadepally, Guntur District. 2. The District Collector and Chairman, District Selection Committee,^ Vizianagaram, 3. The Regional Joint Director of Intermediate Education, X Rajamahendravaram, East Godavari District. 4. The Director of Welfare of Differently abled and Senior Citizens, State of Andhra Pradesh, Krishnanagar, Vijayawada, Krishna District. One CC to SRI. SANTHAPUR SATYANARAYANA RAO, Advocate [OPUC] Two CCs to GP FOR EDUCATION, High Court of Andhra Pradesh. [OUT] Two CCs to GP FOR DISABLED WELFARE, High Court of Andhra Pradesh. [OUT] Three C.D.Copies (along with the copy of the order dated 06-09-2024 in WP 25015 of 2021 & 25-10-24 in WP 19496 of 2022 5. 6. 7. 8. 9. nm HIGH COURT DATED;02/01/2025 ORDER WP.No.30232 of 2021 r I! f(x 2 k JAN 2025 . Current SMtloo ^ Co ALLOWING THE WP WITHOUT COSTS • ^ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) 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, S/o. (Late) KTirumalaiah. Age 37 years, Occ Typist O/o. Dist., Cooperative Audit Office, Ongole, Prakasham District. ...PETITIONER AND 1. The District Collector, Prakasam District, at Ongole. 2. The District Cooperative Officer, Prakasam District at Ongole. 3. The Commissioner for Cooperation and Registrar of Cooperative Societies, Shamalanagar Street, Guntur Town, Guntur District. 4. The State of Andhra Pradesh, Rep., by its Principal Secretary, Agriculture and Cooperative Department, Velagapudi, Guntur District. ...RESPONDENTS 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 a Writ, order or direction more particularly one in the nature of Writ of MANDAMUS (a)By declaring the entire action of respondents, particularly the entire action of the 2nd respondent in not the 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 Typewriting Higher 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 20.02.2014, other way issuing notice Rc.No.436/2014-A, dated 07.03.2019 by the 2nd 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 WP No.11321/2019, dated 14.8.2019 r/w recent judgment dated 16.04.2021 in WP No.17966/2020 including orders in OA No. 2201/2014, dated 2.9.2014 in the same subject matter and contrary to various orders issued by the Govt., in the similar subject matter, if necessary set aside the above notice dated 07.03.2019 of the 2nd 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 2nd 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) Dept, dated 29.2.2008 as well as possessing of Post Graduation Diploma in Computer Application Course by the petitioner in view of law laid down by this Hon'ble court in WP No. 11321/2019, dated 14.8.2019, r/w recent orders dated 16.04.2021 in WP No.17966/2020 and order in OA No. 2201/2014, dated 2.9.2014 of the erstwhile APAT in the same subject matter. as lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be S' pleased to direct the respondents to forthwith regularize the services of the petitioner w.e.f his date of joining into duty as Typist with all consequential benefits without insisting for passing of technical qualifications of Typewriting mentioned in his appointment order in view of similar relaxation orders which was granted in favour of certain class of employees vide G.O.Ms.No.l 16 GA (Ser.B) Dept, dated 29.2.2008 as well as possessing of Post Graduation Diploma in Computer Application Course by the petitioner in view of law laid down by this Hon'ble court in WP No. 11321/2019, dated 14.8.2019. r/w recent orders dated 16.04.2021 in WP No. 17966/2020 and order in OA No. 2201/2014, dated 2.9.2014 of the erstwhile APAT, in the same subject matter. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant leave for filing counter affidavit in the above writ petition no. 25015 of 2021. Counsel for the Petitioner(s): SRI SANTHAPUR SATYANARAYANA RAO Counsel for the Respondents 1 to 4 : GP FOR SERVICES I Counsel for the Respondents : GP FOR SERVICES IV The Court made the following: ORDER 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 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 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 beneifts, 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 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 as 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 ” 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 nd 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 nd 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 ^55 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 petitipner; 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 to comply with the same. Hence, the petitioner is not entitled to claim any relief. 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 as 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 nd proceedings dated 07.03.2019 issued by the 2 respondent as illegal arbitrary and same is hereby set aside. Further, the respondents are directed 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 receipt of 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. / SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The District Collector, Prakasam District, at Ongole. The District Cooperative Officer, Prakasam District at Ongole. The Commissioner for Cooperation and Registrar of Cooperative Societies, Shamalanagar Street, Guntur Town, Guntur District. The Principal Secretary, Agriculture and Cooperative Department, State of Andhra Pradesh, Velagapudi, Guntur District. One CC to SRI SANTHAPUR SATYANARAYANA RAO Advocate [OPUC] Two CCs to GP for SERVICES I, High Court of Andhra Pradesh. [OUT] Two CCs to GP for SERVICES IV, High Court of Andhra Pradesh. [OUT] Three CD Copies 2. 3. 4. 5. 6. 7. 8. Madhu I • w IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 19496 OF 2022 Between: Ramesh Yallamilli, S/o. Chaithanya, Age- 37 years, Occ- Typist, O/o. Joint Commissioner of Labour, Eluru, West Godavari District. ...Petitioner AND 1. The District Collector/ Chairman, District Selection Committee, West Godavari District. 2. The Joint Commissioner of Labour - Zone-ll- Eluru, West Godavari District. 3. The State of Andhra Pradesh, Rep., by its Principal Secretary, Labour Department, Secretariat, Velagapudi, Guntur District. Respondents • at 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 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 2nd respondent in issuing the present impugned letter No, A/14/2017, dated 28.06.2022 (which is communicated on 01.07.2022), wherein surrendering the services of the petitioner to the ISt respondent on the untenable ground that the petitioner herein does not possess Telugu Higher Grade Typewriting qualification, which is not at all specified in the orders of appointment issued vide proceedings No.A1/170/2016 (DSC)-1, dated 03.06.2017 of the 1st respondent under disabled quota ment for visually handicapped and that account, not allowing the petitioner to discharge his duties since 30.06.2022 onwards is as highly illegal, arbitrary, unjust, clear violation of all principles of natural justice and various relaxation orders issued by the Govt., as well as contrary to various judicial pronouncements in the subject matter and set aside or quash the impugned letter dated 28.06.2022. (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 various relaxation orders issued by the Govt., in the subject matter including prevailing circumstances and also taking into consideration that the petitioner herein having 100 percent Visually handicapped without reference to the present impugned letter dated 28.06.2022 of the 2nd respondent. lA NO: 1 OF 2022 on Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in 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 letter No.A/14/2017, dated 28.06.2022 of the 2nd respondent (which is communicated on 01.07.2022). lA NO: 2 OF 2022 1. The District Collector/ Chairman, District Selection Committee, West Godavari District. 2. The Joint Commissioner of Labour - Zone-ll- Eluru, West Godavari District, 3. The^ate of Andhra Pradesh, Rep., by its Principal Secretary, Labour Department, Secretariat, Velagapudi, Guntur District. ...Petitioner Ramesh Yallamilli, S/o. Chaithanya, Age- 37 years, Occ- Typist, O/o. Joint Commissioner of Labour. Eluru, West Godavari District. ...Respondent Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders passed by the Hon'ble High Court on 08.07.2022 in WP. No.19496 of 2022 in the interest of justice. Counsel for the Petitioner: SRI. SANTHAPUR SATYANARAYANA RAO Counsel for the Respondent Nos. 1 to 3: GP FOR LABOUR Counsel for the Respondents: GP FOR SERVICES III The Court made the following order: s 1 APHC010324382022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY .THE TWENTY FIFTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 19496/2022 Between: Ramesh Yallamilli ...PETITIONER AND The District Collector/chairman and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SANTHAPUR SATYANARAYANA RAO Counsel for the Respondent(S): 1.GP FOR LABOUR 2.. The Court made the following: ORDER: The writ petition is filed under Article 226 of the Constitution of India for the following relief: “ to issue a Writ order or direction more particuiariy one in the nature of Writ of Mandamus a By declaring the entire action of the erspondents particuiariy the entire action of the 2nd respondent in Issuing the present Impugned letter No A/14/2017 dated 28.06.2022 which is communicated on 01 07 2022 wherein surrendering the services of the petitioner to the 1St respondent on the untenable ground that the petitioner herein does not possess Tetugu Higher Grade Typewriting qualification which is not at alt specified in the orders of appointment Issued vide proceedings No A1/170/2016 DSC1 dated 03.08.2017 of the 1st respondent under disabled quota maent for visually handicapped and on that account not allowing the petitioner to discharge his duties since 30.06.2022 onwards Is as highly illegal, arbitrary, unjust clear violation of all principles of natural Justice and various relaxation orders Issued by the Govt as well as contrary to various Judicial pronouncements In the subject matter and set aside or quash the impugned letter dated 2. 06.2022 b and consequently direct the respondents to forthwith ergularize the service of the petitioner w a f his date of Joining into duty and on that basis declare his probation in the cadre of Typist and ervise his pay and 2 allowances with all «.. p™.« ^pllTZl "" pass... ^ Learned Government Pleader for Services-lll for the counsel for the petitioner Labour and Assistant respondents are present. and learned Assistant Government Pleader for 3. On hearing, learned counsel for the petitioner submits that the matter IS squarely covered by the judgment passed by this Court in W.P.No.25015 of and hence, requests this Court 2021, dated 06.09.2024, in this writ petition also. to pass similar order reads as under; The operative portion of the order order of this Court in WP.^(AT)^No^233^of 2oTl'T^ th's Court as cited supra and also while declaring the impugned proceedLs dated o? 03 9m o Jlegal, arbitrary and same is hereby let aSte pS^h^ continue the petitioner as Typist and reoutLze hk To ’ '"sspondents are directed to with all consequential benefits from the^dite of his due procedure months from the date of receipt of a copy of thL^rdel ^ (W) 10. With the above direction, this Writ Petition is disposed of. There shall be costs. no order as to 4. Learned Assistant Government respondents reported no objection to allow the same lines. Pleader appearing for the present writ petition on the 5. in view of the submission upon perusing the entire material allow the present writ petition in terms of the said order. made by both the learned counsels and available on record, this Court deems fit to 6. Accordingly, the Writ Petition is allowed while declaring the impugned orders in the writ petition issued by the 1“' and 2"“ illegal, arbitrary and the respondents as same are hereby set aside. Further, the respondents 3 are directed 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, by taking into consideration that the petitioner herein having 100% visually handicapped without reference to the present impugned leer dated 28.6.2022 of the 2^^ respondent, within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. 7. The Registry is directed to attach a copy of the order passed by this Court in W.P.No.25015 of 2021, dated 06.09.2024 to this order. As a sequel, interlocutory applications, if any pending, shall stand closed. Sd/- J. SAR0JA ASSISTANT REGISTR SEC Jf0N OFFICER The District Collector/Chairman, District Selection Committee, West . Godavari District. //TRUE COPY// To, 1. 2. The Joint Commissioner of Labour - Zone-ll- Eluru, West Godavari District. 3. The Principal Secretary, Labour Department, State of Andhra Pradesh. Secretariat, Velagapudi, Guntur District. One CC to SRI. Santhapur Satyanarayana Rao Advocate [OPUC] Two CCs to GP for Labour .High Court Of Andhra Pradesh. [OUT] Two CCs to GP for Services III .High Court Of Andhra Pradesh. [OUT] ,/ Three CD Copies 4. 5. 6. 7. (Along with a copy of the order dated 06-09-2024 in WP No. 25015 .. of 2021 to this order) GSC HIGH COURT DATED;25/10/2024 ORDER WP-No.19496 of 2022 OF THE WP allowing WITHOUT COSTS ■S’ O g 0 7 NOV 202^ mi 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: ...PETITIONER K. Murali, AND ...RESPONDENT(S) The District Collector and Others 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 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 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 qualiifcations mentioned in his appointment order dated 20.02.2014, other way issuing notice Rc.No.436/2014-A, dated 07.03.2019 by the respoiittent 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 of the petitioner w.e.f his date ofjoining into duty as Typist and also declare his probation with all consequential benefits without taking account of passing of Typewriting qualiifcations 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 as 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 " services 2. The precise case of the petitioner is that he was appointed as Typist 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 on nd nd \ 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. -ft* 6. Learned Assistant Government Pleader for respondents vehemently opposed to SHOW the writ petition as the petitioner did not submit required V .. qualification certificates as stipulated during his appointment and failed to comply with the same. Hence, the petitioner is not entitled to claim any relief. 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 the Government Orders and earlier orders passed by the learned Tribunal i similar circumstances, including relaxation given by the State Government about in by way of the Government Orders and also the present situation, with regard the non-usage of type machines and the to usage of computers, came to conclusion that the very insistence of the respondent authorities 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. cannot be 9. Following the order of the Hon’ble Division Bench of this Court as 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 nd respondent as illegal, arbitrary and same is hereby set aside. Further, the respondents are directed » i t','4‘si to continue-the petitioner, as Typist and regularize his services in accordance with dueT>rocedure with all consequential benefits from the date of his joining into duty as Typist, within three (03) months from the date of receipt of 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