APHC010534522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27711/2025 Between: 1. GOLAGANI SANDEEP, S/O. LATE G. KONDALA RAO, AGE- 34 YEARS, OCC- GOVT SERVICE, R/O. 9-10-1, AMMAVARI VEEDI, SHIVAJI PALEM, L.B.COLONY, VISHAKAPATNAM, A.P. - 530017. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. REP. BY ITS PRINCIPAL SECRETARY. 2. THE DISTRICT COLLECTOR AND NODAL AUTHORITY FOR SERVICES, ERSTWHILE VISHAKAPATNAM, ANDHRA PRADESH 3. THE TAHASILDAR, PARAVADA MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADES ...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 topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondent No. 2 and 3 in not regularizing the services of the petitioner in the cadre of Typist thereby not releasing the periodical increment and other benefits despite of possessing technical 2 qualifications such as Typewriting Higher Grade Telugu, including Advanced Diploma in Computer Applieation course on untenable grounds and the same is illegal, arbitrary, discriminatory and contrary to the orders passed by Division Bench of this Honble Court in W.P. (AT) No. 233 of 2021 and a batch of WRIT PETITIONS in W.P. Nos.4222 of 2023 and batch dated 18.06.2025, in the same subject matter and contrary to various GOs issued by the Government and consequently direct the respondents to regularize the services of the petitioner with effect from his date of joining into duty as Typist with all consequential benefits without taking account of passing Typewriting Qualifications beyond prescribed period 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 pleased to direct the respondents to regularize the service of the petitioner in the cadre of Typist and release all the increments and other benefits, pending disposal of writ petition and pass Counsel for the Petitioner: 1. PILLIX LAW FIRM Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.27711 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 Typewriting Higher Grade Telugu including advanced diploma in computer application course as arbitrary and illegal and contrary to the Division Bench order of this Court in W.P.Nos.4222 of 2023 and batch dated 18.06.2025. 2. The Petitioner was appointed as Typist on compassionate grounds vide proceedings of the District Collector, Visakhapatnam dated 05.06.2013 conditionally that the Petitioner has to acquire Type writing Telugu Higher Grade within two years from the date of appointment orders. The Petitioner submits that he had acquired Type writer Higher Grade Telugu in the month of September, 2023. Now the Petitioner is claiming for regularization of the services for grant of annual increments and for probation from the initial date of appointment. 4 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.969 General Administration (Service-A) Department dated 27.10.1995 grace period of two more years was granted. As the Petitioner has not acquired the requisite qualification of Typewriting Higher Telugu 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 discharge 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 P.Kasi Nageswara Rao, learned counsel for the Petitioners and learned Government Pleader for Revenue. 5 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 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. 6 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 Telugu Typewriting 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 7 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 September, 2023 i.e. when the Petitioner has passed the Typewriting Telugu Higher, 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: 14.10.2025 KLP