APHC010223732004 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 8906/2004 Between: L. RAMANJANEYULU, TYPIST, ANANTAPUR DISTRICT SCHEDULED CASTE SERVICE CO-OP. SOCIETY LIMITED, ANANTAPUR ...PETITIONER AND 1. THE DIST COLLECTOR/PRESIDENT, DISTRICT SCHEDULED CASTE SERVICES CO-OP. SOCIETY LTD., ANANTAPUR 2. THE EXECUTIVE DIRECTOR DISTRICT SCHEDULED, CASTE SERVICES CO-OP SOCIETY LIMITED, ANANTAPUR 3. THE VICECHAIRMAN/MANAGING DIRECTOR A P, SCHEDULED CASTE CO-OP FINANCE CORPORATION LIMITED, HYDERABAD 4. SRI H SUNKANNA, SENIOR ASSISTANT, DISTRICT SCHEDULED CASTES SERVICES CO-OP SOCIETY LIMITED, ANANTAPUR ...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 a Writ of Certiorari calling for all the connected records, including the impugned proceedings of the first respondent in Rc.NO. 2126/96-E dated 4-2-2004 and quash the same as illegal, improper, unjust, arbitrary, and contrary to law, and further direct respondents 1 and 2 to promote the petitioner as Senior Assistant w.e.f. 2 CGR, J. W.P.No.8906 of 2004 4-2-2004 with all consequential benefits, including seniority, monetary etc. Counsel for the Petitioner: 1. K RAMA MOHAN Counsel for the Respondent(S): 1. A YADAVA REDDY(SC FOR TSEWIDC) 2. GANDRALA RATHNA KUMAR SC For APSCCFC LTD 3. BABUJI TENNETI (STANDING COUNSEL FOR APSC CFC) 4. B PRUDHVI KUMAR (SC FOR APSCCFC) The Court made the following: 3 CGR, J. W.P.No.8906 of 2004 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN Writ Petition No.8906 of 2004 ORDER: Present writ petition is filed seeking following relief: “…issue a Writ of Certiorari calling for all the connected records, including impugned proceedings of the first respondent in Rc.No.2126/96-E, dated 04.02.2004, and quash the same as illegal, improper, unjust, arbitrary and contrary to law, and further direct respondents 1 and 2 to promote the petitioner as Senior Assistant w.e.f. 04.02.2004 with all consequential benefits, including seniority, monetary etc., and to pass….” 2. Petitioner, being a Graduate in Bachelor of Arts, was appointed as Attender by proceedings, dated 04.12.1985, issued by the 1st respondent. Later, he was promoted as driver in the year 1994 and subsequently, in view of his acquisition of technical qualification of passing of Typewriting examination, he came to be promoted as Typist, by proceedings, dated 31.07.1995, issued by the 1st respondent. The service conditions of the employees working under 1st respondent were stated to be governed by Service Rules viz., Service Regulations of the Employees of the District Scheduled Castes Service Co-operative Societies Limited (for short, the “Service Rules”). Following aforesaid Service Rules, petitioner stated to have been initially appointed as Attender and later promoted as Typist. He claims to be entitled for 4 CGR, J. W.P.No.8906 of 2004 further promotion to hold the post of Senior Assistant as he has acquired the qualification of passing Accounts Test for Subordinate Officers Part.I and that he has completed the minimum tenure of five years as Typist. Despite the same, overlooking petitioner by impugned proceedings, dated 04.02.2004, the 4th respondent has been promoted as Senior Assistant. Assailing the said proceedings issued by the 1st respondent, present writ petition is filed. 3. Respondents 1 to 3 filed counter-affidavit inter alia stating that as petitioner has been working in Engineering Wing of Social Welfare Department, for all purposes, his appointment has to be considered to be not in the Department of 1st respondent Society, therefore, is not entitled to be considered for promotion as Senior Assistant. Only such of those employees, who have been appointed under 1st respondent Society, alone were entitled to be considered for promotion, besides that the Services Rules quoted above have no application or relevance to the service conditions of the petitioner, rather petitioner is governed by the service conditions formulated and applicable to Andhra Pradesh Scheduled Castes Co-operative Finance Corporation Limited. The promotion made in favour of 4th respondent, therefore, has been justified by stating that the State and Subordinate Service Rules provided for consideration of promotion to the post of Senior Assistant, even if the candidate do not possess the qualification of passing Accounts Test for 5 CGR, J. W.P.No.8906 of 2004 Subordinate Officers Part-I, which could be acquired at later point in time. In view of the same, the respondents have tried to justify the promotion given to 4th respondent and that the writ petitioner was not entitled to be considered for promotion at all. 4. Heard Smt.Y.Mahalakshmi, learned counsel, representing Sri Ramamohan K., learned counsel for the petitioner and Sri Gandrala Rathna Kumar, learned standing counsel for 1st respondent Society, appearing for respondents 1 to 3. Despite service of notice, none appears for 4th respondent. 5. Learned counsel for the petitioner contended that the petitioner has been initially appointed as Attender, later promoted as Driver and subsequently, promoted as Typist and all these appointment and promotions were effected by the 1st respondent Society, therefore, inasmuch as the appointing authority being the 1st respondent, merely because petitioner has been posted to discharge duties in Engineering Wing, the same ipso facto do not change the appointing authority qua the Department, in which he has been working. She further contended that service conditions of the petitioner and those, who have been appointed and working under the jurisdiction of 1st respondent Society, are clearly governed by the Service Rules and further that the same would even apply to those, who have been working in respective 6 CGR, J. W.P.No.8906 of 2004 Engineering Wings and Circle Offices, located in respective Districts, which are affiliated to Andhra Pradesh Scheduled Castes Co-operative Finance Corporation Limited, therefore, in terms of Rule 5-B of the Service Rules, petitioner is entitled to be considered for promotion to the post of Senior Assistant, for having the requisite qualification of serving as Typist for more than five years and passing of Accounts Test for Sub- Ordinate Officers Part-I. Further, it is also contended that though 4th respondent did not possess aforesaid criteria, in particular, that of passing of Accounts Test for Subordinate Officers Part-I, he has been promoted overlooking the petitioner, which is clearly arbitrary and illegal. 6. Opposing aforesaid submissions, learned standing counsel appearing for respondents 1 to 3, while reiterating the contentions raised in the counter-affidavit, submits that as petitioner has been working in the Engineering Wing which is not within the jurisdiction of the 1st respondent Society, petitioner is not entitled to be considered for promotion and further, that the Service Rules, which are now sought to be relied on by the petitioner, would have no application to the service conditions of petitioner, and rather only Rules, which are applicable to Andhra Pradesh Scheduled Castes Co-operative Finance Corporation Limited alone would apply, inasmuch as the Engineering Wing has been affiliated to the said Corporation. He further contended that there is no 7 CGR, J. W.P.No.8906 of 2004 employer and employee relationship between petitioner and 1st respondent Society, rather petitioner has been only engaged by Engineering Wing of Social Welfare Department, which has affiliation to the Andhra Pradesh Scheduled Castes Co-operative Finance Corporation Limited, therefore, he is not entitled to be considered for promotion to the post in the 1st respondent Society. 7. Perused the record and considered rival submissions of both the learned counsels. 8. As seen from the initial appointment orders issued by 1st respondent, in proceedings in Rc.No.692/84-E, dated 04.12.1985, it is very much clear that petitioner has been appointed as Attender in the 1st respondent Society. Further, the proceedings in Rc.No.1128/93-E, dated 31.07.1995, issued by the very same 1st respondent promoted petitioner from the post of driver to Typist. However, the said proceeding has indicated that petitioner has been posted to work as Typist at the office of Deputy Executive Engineer, S.C. Corporation at Hindupur. Mere posting of petitioner in the aforesaid office of the Corporation do not have any consequence on the appointing authority. For all purposes, petitioner has been appointed in 1st respondent Society and later promoted as Typist. It is not in dispute that petitioner has completed the minimum period of five years in service as Typist and also 8 CGR, J. W.P.No.8906 of 2004 acquired the requisite qualification of passing Accounts Test for Subordinate Officers Part-I. A close glance of the Service Rules goes to show that the same has application to employees of the District Scheduled Castes Cooperative Societies and also ministerial staff of respective Engineering Wing and Circle Offices located in respective Districts, which are affiliated to Andhra Pradesh Scheduled Castes Co- operative Finance Corporation Limited as well. Rule 5-B of the Service Rules, which provided for eligibility and qualification for promotion to Senior Assistants provides as under: “5. Qualification for Promotion: A. …. B. SENIOR ASSISTANTS (Senior Multi Task Assistants): (a) He must have served as Junior Asst. or Typist or L.D. Steno for ATLEAST 5 YEARS. (b) He must have passed ACCOUNTS TEST FOR SUBORDINATE OFFICERS PART-I.” 9. Aforesaid Rule contemplates that candidate to be considered for promotion should possess the requirements of having service of Typist for not less than five years and passing the Accounts Test for Subordinate Officers Part-I. Admittedly, petitioner possesses these two requirements. Though, learned counsel for the respondents contended that the Service Rules have no application to service conditions of petitioner, this Court is not impressed with such submission, for the reason that the Service Rules are very candid in application to the service conditions of employees, who have been working with both the 9 CGR, J. W.P.No.8906 of 2004 1st respondent Society and also the ministerial staff of Engineering Wing and other circle offices affiliated to the Corporation. Though an effort has been made to contend that petitioner does not fall under the ambit of 1st respondent Society, the appointment order and promotion orders speak otherwise. This Court is satisfied that petitioner has been engaged and appointed into service by 1st respondent Society, therefore, for all purposes, he is to be governed by the Service Rules applicable to 1st respondent Society. 10. The impugned proceedings essentially grant promotion to 4th respondent. Petitioner claims to be eligible and falling under the zone of consideration for promotion. Evidently, the 4th respondent did not possess the requirement of passing Accounts Test for Subordinate Officers Part-I, rather, he has been allowed to acquire the same within one year from the date of promotion. Since the Service Rules clearly mandated acquiring of the aforesaid qualification at the very threshold consideration for the purpose of promotion, and that petitioner has clearly demonstrated to have acquired the same besides having the minimum service of five years as Typist, he is entitled to be considered for promotion to the post of Senior Assistant. Therefore, the writ petitioner has to succeed. It is brought to the notice of this Court that petitioner has retired from service on attaining the age of 10 CGR, J. W.P.No.8906 of 2004 superannuation, but still the petitioner is entitled for pensionary benefits in case he is considered for promotion to the post of Senior Assistant. 11. In view of the same, the writ petition is allowed by quashing the impugned proceedings in Rc.No.2126/96-E, dated 04.02.2004, issued by the 1st respondent, and further the respondents 1 to 3 are directed to promote the petitioner as Senior Assistant with effect from 04.02.2004, and count the service for pensionary benefits alone. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any in this case, shall stand closed. _____________________________ JUSTICE CHALLA GUNARANJAN Date:30.10.2025. cs