APHC010577632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 29700/2025 Between: Perugu Veeranjaneyulu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K BHEEMA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 2 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.29700 of 2025 ORDER : This writ petition is filed questioning the action of the Respondents in not regularizing the services of the Petitioner in the cadre of Typist and thereby not releasing the periodical increments and other benefits despite possessing technical qualifications such as Type Writing English Higher and Telugu as arbitrary and illegal and contrary to the Division Bench order of this Court in W.P.No.11321 of 2019, dated 14.08.2019. 2. The Petitioner was appointed as Typist on compassionate grounds vide proceedings in RC.No.2364/2014-A3, dated 24.07.2014, of the District Collector, Guntur, conditionally that the Petitioner has to acquire the qualification of Type Writing English and Telugu Higher Grade within a period of two years from the date of appointment order. The Petitioner submits that he had acquired Type Writing English Higher Grade in the year 2023 and Computer Proficiency Test (CPT) in the year, 2025. Now the Petitioner is claiming for regularization of the services for grant of annual increments and for probation from the initial date of appointment. 3 3. Learned Assistant Government Pleader Sri S.Raju, would submit that the Petitioner had not passed the prescribed test within the period of two years from the date of initial appointment as mentioned in the appointment order. As per G.O.Ms.No.289 GAD (Ser-A), dated 04.08.2000, grace period of two more years was granted and totally, five years period including grace period was granted to the Petitioner to pass the said examinations. As the Petitioner has not acquired the requisite qualification of Typewriting English and Telugu Higher grade within the above extended grace period, he may be considered for appointment for a lower post such as an Attender after obtaining willingness of the candidate. If the Petitioner is not willing to take the lower post, it shall be treated that there are no compelling reasons of poverty and such candidate be discharged from service. 4. Learned counsel for the Petitioner placed reliance on G.O.Ms.No.116 General Administration (SER.B) Department dated 29.02.2008, wherein relaxation of qualification was extended to certain individuals by the Respondent-State and sought for similar benefit to the Petitioner. 5. Heard Sri K. Bheema Rao, learned counsel for the Petitioner and learned Government Pleader for Revenue. 4 6. The Annexure-I of the A.P. Ministerial Service Rules, 1998 prescribes the qualification for the post of Typist to which the writ petitioner was appointed. The qualification is that the candidate must have passed the Government Technical Examination in Typewriting by the Higher Grade in Telugu on Government standard Key board. In the event of lack of candidates qualified in Telugu Typewriting Higher Grade, candidates who have qualified in Telugu Typewriting Lower Grade can be appointed and in the absence of candidates who have qualified in Telugu Typewriting Higher or Lower Grade, the candidate with English writing qualification can be appointed, subject to the candidate qualifying in Telugu Typewriting within the period of probation, else, the annual increment would be postponed without cumulative effect. 7. The qualification in Telugu and English Typewriting being an essential condition of service for the post of Typist and statutory in nature, it is not in the realm of this Court to alter the said condition of service. If exemption from typewriting examination were to be given to a Typist, then the very nature of post is changed. 5 8. The Hon'ble Supreme Court in State of Himachal Pradesh Vs Rajkumar 20221 at Para 10 (iv) opined as under: "10(v): In view of the dominance of rules that govern the relationship between the Government and its employee, all matters concerning employment, conditions of service including termination are governed by the rules. There are no rights outside the provision of the rules.” 9. It is no doubt true that with passage of time, the usage of type writing machines has reduced and virtually all offices use computers, but even in modern computers, there is a provision for telugu keyboard in keyboard settings. It is not the case of the petitioner that he is qualified in Telugu Typewriting on Computer but one of exemption from qualification per se, which is not permissible. 10. Apart from this, the Petitioner having been appointed on compassionate grounds on condition of qualifying Typewriting English & Telugu Higher Grade test within two years cannot turn around on the said condition. 11. A Division Bench of this Court in W.A.No.1005 of 2023 had expressed similar views. 1 Live Law (SC) 502 6 12. In that view, this Court is of the opinion that in the absence of requisite qualification, the Petitioner cannot seek for consideration of his case for regularization from the date of initial appointment. The contention of the Respondents that the Petitioner is liable to reverted to the lower post as he had not qualified within the time prescribed and the extended grace period, appears to be disproportionate. 13. The writ petition is, therefore, disposed of with the following directions: (i) The Respondents are directed to consider the case of the Petitioner for declaration of probation and regularization from the month of April, 2025 i.e. when the Petitioner has passed the Computer Proficiency Test (CPT) within a period of three months from the date of receipt of a copy of this order. (ii) No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 30.10.2025 eha 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 29700/2025 Dt.30.10.2025 eha