APHC010701142025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO Between: 1. GUDLA VENKATA VARA PRASAD, S/O GUDLA LAKSHMANA RAO, AGED ABOUT 33 YEARS, OCC DHARAGEDDA VILLAGE, Y RAMAVARAM MANDAL, GURTHEDU POST, EAST GODAVARI DISTRICT, ANDHRA PRADESH 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS CHIEF SECRETARY GENERAL ADMINISTRATION DEPARTMENT A.P SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT, ANDHRA PRADESH 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOV DEVELOPMENT DEPARTMENT A.P SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT, ANDHRA PRADESH 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT A.P SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR 4. THE COLLECTOR AND DISTRICT MAGISTRATE, KAKINADA, EAST GODAVARI DISTRICT ANDHRA PRADESH 5. THE CHIEF EXECUTIVE OFFICER, ZILLA PRAJA PARISHAD, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH 483 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NOS: 36151 AND 36161 OF 2025 GUDLA VENKATA VARA PRASAD, S/O GUDLA LAKSHMANA RAO, AGED ABOUT 33 YEARS, OCC- SERVICE R/O D.NO.1 DHARAGEDDA VILLAGE, Y RAMAVARAM MANDAL, GURTHEDU POST, EAST GODAVARI DISTRICT, ANDHRA PRADESH ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP.BY ITS CHIEF SECRETARY GENERAL ADMINISTRATION DEPARTMENT A.P SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT, ANDHRA PRADESH - 522 238 THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT A.P SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT, ANDHRA PRADESH THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT A.P SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT, ANDHRA PRADESH THE COLLECTOR AND DISTRICT MAGISTRATE, KAKINADA, EAST GODAVARI DISTRICT ANDHRA PRADESH- 533 483 THE CHIEF EXECUTIVE OFFICER, ZILLA PRAJA PARISHAD, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH IN THE HIGH COURT OF ANDHRA PRADESH [3460] THE THIRTIETH DAY OF DECEMBER THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 2025 GUDLA VENKATA VARA PRASAD, S/O GUDLA LAKSHMANA RAO, SERVICE R/O D.NO.1-1A, DHARAGEDDA VILLAGE, Y RAMAVARAM MANDAL, GURTHEDU POST, EAST GODAVARI DISTRICT, ANDHRA PRADESH - 533 483 ...PETITIONER THE STATE OF ANDHRA PRADESH, REP.BY ITS CHIEF SECRETARY GENERAL ADMINISTRATION DEPARTMENT A.P SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL ERNMENT PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT A.P SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT, ANDHRA PRADESH - 522 238 THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT A.P SECRETARIAT, VELAGAPUDI, DISTRICT, ANDHRA PRADESH - 522 238 THE COLLECTOR AND DISTRICT MAGISTRATE, KAKINADA, EAST THE CHIEF EXECUTIVE OFFICER, ZILLA PRAJA PARISHAD, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH-533 2 ...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 appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not regularizing the services of the petitioner in the post of Typist from the date of appointment/ promotion i.e., 02-09-2020 and regularizing only from 11-02-2023, under the impugned proceedings of the Chief Executive Officer, Zilla Praja Parishad, East Godavari District, Kakinada, Andhra Pradesh i.e., the 5th respondent herein in Rc.No.D4/468423/2023 (File No.ZPPEG- DSEC0ESM(REG)/31/2023-SA(ES-D4)-ZPPEG), dated 26-09-2023, and declaring the probation only on 10-02-2024, under the impugned proceedings - E.file.No.D4/503819/2024 (File No.ZPPEG- DSECOESM(PROD)/ 19/2024- SA(ES-D4)-ZPEG) dated 21- 12-2024, issued by the 5th respondent, instead of 01-09-2021, and not considering the representation dated 08-10- 2025, as arbitrary, illegal, violative of Articles 14, 16, and 21 of the Constitution of India, contrary to the settled service jurisprudence (including catena of judgments in W.P. No.11321 of 2019, W.P. No.17966 of 2020, W.P. (AT) No.233 of 2021, and W.P No.4222 of 2023 and Batch) , apart violative well settled principles of natural justice, by setting aside the impugned proceedings in Rc. No. D4/468423/2023 (File No.ZPPEG-DSEC0ESM(REG) /31 /2023-SA(ES-D4)- ZPPEG), dated 26-09-2023, and E.file.No.D4/503819/2024 (File No.ZPPEG- DSEC0ESM(PROD)/ 19/2024-SAES-D4)-ZPEG) dated 21-12-2024, to the extent as stated supra, and consequently direct the respondents to regularize the services of the petitioner from the date of appointment/promotion i.e., 02- 09-2020, and to declare the probation date as 01-09-2021, with all consequential and attendant benefits, including seniority, pay fixation and increments, and pass IA NO: 1 OF 2025 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 respondents to consider the representation 08-10-2025 and pass orders in terms of the settled law in W. P.No.4222 of 2023 & Batch, pending disposal of Writ Petition, and pass Counsel for the Petitioner: 1. LEO LAW ASSOCIATES LLP 3 Counsel for the Respondent(S): 1. GP FOR SERVICES I WRIT PETITION NO: 36161/2025 Between: 1. VUGGINA NAGA VENKATA RAMESH, S/O LAKSHMI SATYA ANANDA RAO, AGED ABOUT 31 YEARS, OCC- SERVICE (O/O THE EXECUTIVE ENGINEER, RWS AND S DIVISION, KAKINADA KAKINADA DISTRICT, ANDHRA PRADESH) R/O D.NO. 65-10-1/A, F.NO.SS, SRI NILAYAM APARTMENT HDFC BANK BESIDE STREET, KARNAMGARI JUNCTION, KAKINADA (URBAN), KAKINADA DISTRICT, ANDHRA PRADESH - 533 003 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS CHIEF SECRETARY GENERAL ADMINISTRATION DEPARTMENT A.P SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT, ANDHRA PRADESH - 522 238 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT A.P SECRETARIAT,VELAGAPUDI, AMARAVATI GUNTUR DISTRICT, ANDHRA PRADESH - 522 238 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT A.P SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT, ANDHRA PRADESH - 522 238 4. THE COLLECTOR AND DISTRICT MAGISTRATE, KAKINADA EAST GODAVARI DISTRICT ANDHRA PRADESH-533 003 5. THE CHIEF EXECUTIVE OFFICER, ZILLA PRAJA PARISHAD, KAKINADA, EAST GODAVARIDISTRICT, ANDHRAPRADESH-533003 ...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 4 pleased to issue appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not regularizing the services of the petitioner in the post of Typist from the date of appointment/ promotion i.e., 04-09-2019 and regularizing only from 14-11-2023, and declaring the probation on 03-09-2020, under the impugned orders of the Chief Executive Officer, Zilla Praja Parishad, East Godavari District, Kakinada, Andhra Pradesh i.e., the 5th respondent herein vide proceeding in Rc.No.D4/480050/2023 (File No.ZPPEG- DSEC0ESM(REG)/55/2023-SA(ES-D4)-ZPPEG), dated 20-12-2023, and not considering the representations dated 26-03-2025 and 08-10-2025, as arbitrary, illegal. violative of Articles 14, 16, and 21 of the Constitution of India, contrary to the settled service jurisprudence (including catena of judgments in W.P. No. 11321 of 2019, WP No. 17966 of 2020, W.P. (AT) No.233 of 2021, and W.P No.4222 of 2023 and Batch) , apart violative well settled principles of natural justice, by setting aside the impugned proceedings in Rc.No.D4/480050/2023 (File No.ZPPEG- DSEC0ESM(REG)/55/2023-SA(ES-D4)-ZPPEG), dated 20- 12-2023, to the extent as stated supra, and consequently direct the respondents to regularize the services of the petitioner from the date of appointment/promotion i.e., 04- 09-2019, with all consequential and attendant benefits, including seniority, pay fixation and increments, and pass IA NO: 1 OF 2025 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 respondents to consider the representation 08-10-2025 and pass orders in terms of the settled law in W.P.No.4222 of 2023 85 Batch, pending disposal of Writ Petition, and pass Counsel for the Petitioner: 1. LEO LAW ASSOCIATES LLP Counsel for the Respondent(S): 1. GP FOR SERVICES I 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NOS: 36151 AND 36161 of 2025 COMMON ORDER: These writ petitions are filed to declare the action of the respondents in not regularizing the services of the Petitioners from the date of their appointment/promotion i.e., 02.09.2020 and 04.09.2019 and regularizing only from 11.02.2023 and 14.11.2023 respectively vide impugned proceedings, as illegal and arbitrary. 2. The Petitioners were initially appointed as Office Subordinates and subsequently the Petitioners were appointed as Typists on 31.08.2020 and 04.09.2019, on a condition that the Petitioners should acquire English and Telugu Typewriting Higher Grade within two years from the date of promotion to the post of Typist. The Petitioners have qualified in the English and Telugu Typewriting examinations conducted in January, 2023 and September, 2023, respectively, by the State Board of Technical Education and Training and on the basis of the said qualification, respondent No.5 passed orders regularizing the services of the Petitioners as Typists with effect from 11.02.2023 and 14.11.2023 that is the date on which they have declared to be qualified in the examination. Questioning the same, these writ petitions are filed. 6 3. It is contended that the non-availability of type institutions in the agency area is a reason for delay in acquiring the qualification and Covid-19 pandemic was also quoted as a reason for inability to procure typewriting examination in earlier point of time. 4. Learned Standing Counsel for respondent No.5 would submit that the Petitioners were promoted on condition of acquiring the qualification of typewriting and therefore, the Petitioners cannot turn around and ask for regularization of their services from the date of their initial appointments. It is further stated that the relief in some cases from the date of initial appointment was on account of compassionate appointments and the same is not applicable to the facts of the case, as the Petitioners are promotes. 5. Heard learned counsel for the Petitioners and learned Standing Counsel for the 5th respondent. 6. The qualifications for holding the post of Typist are provided under the Andhra Pradesh Ministerial Service Rules, 1998. As per the service rules, the qualification of typewriting Higher in English and Telugu is a statutory requirement and no person can be appointed without having the requisite qualification in the said post. In the present case, the Petitioners, having been appointed as Typists on their representation and on condition of the acquisition of qualification within a period of two years, cannot turn around and seek for 7 regularization from the date of initial appointment as same would be in violation of the basic qualification rules for appointment to the post of Typist and the very condition of appointment. It is to be noted that this fundamental condition of acquiring qualification in 2 years time was happily accepted by the petitioners and the petitioners were well aware of this fact of acquiring qualification and social conditions even at the time of their representation, cannot seek parity with any other. A Division Bench of this Court in W.A.No.1005 of 2023 had taken a similar view and held that the Petitioners therein are not entitled for regularization from the date of initial appointment. 7. In that view, the Court is not inclined to entertain these writ petitions. 8. Therefore, these Writ Petitions are dismissed. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY 30.12.2025 MDP