APHC010091642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 448 of 2025 Bench Sr.No:-18 [3446] The State of AP and others ...Appellants Vs. K. Victor Paul and others ...Respondents ********** Advocate for Appellants: GP for Services I Advocate for Respondents: Mr. M. K. Raj Kumar CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE :6th November, 2025. P C : The present Writ Appeal has been preferred against judgment and order dated 21.01.2025 passed in Writ Petition No.18986 of 2024. 2. The writ petition was filed challenging the proceedings dated 19.08.2024, issued by respondent No.2 in the writ petition i.e., the District Collector, Kakinada District, whereby the petitioners/respondents herein were reverted to the cadre of Village Revenue Officers (Grade-1) from the post of Senior Assistants, on account of their failure to pass the prescribed Departmental Tests, which were required to be cleared by the promotees within a period of two years from the date of promotion, in terms of G.O.Ms.No.154, Revenue (Services-III) Department, dated 05.07.2021. 2 HCJ & RRRJ WA_448_2025 3. The learned Single Judge by virtue of the judgment and order impugned set aside the impugned reversion order and directed the authorities to consider the petitioners in the light of G.O.Ms.No.225, dated 18.05.1999. Briefly stated, the material facts are as under: 4. The petitioners/respondents herein were initially appointed as Village Revenue Officers (VROs) in the year 2007. The post of Village Revenue Officer was generally not a feeder category for promotion to the post of Senior Assistant in the Revenue Department. However, the Government, vide G.O.Ms.No.154, dated 05.07.2021, created a promotion channel for Village Revenue Officers (Grade-I) to the cadre of Senior Assistant in the ratio of 60:40 between Junior Assistants/Typists and Village Revenue Officers. This promotion was made subject to several conditions, including passing all Departmental Tests prescribed for promotion to the post of Senior Assistant, on par with Junior Assistants, as per Andhra Pradesh Ministerial Service Rules, 1998. In addition, the VROs were required to clear the test of “Proficiency in automation with usage of Computer and Associated Software” conducted by the APPSC. 5. The petitioners, subsequently came to be promoted to the cadre of Senior Assistant by virtue of order dated 21.02.2022, subject to the conditions laid down in G.O.Ms.No.154, Revenue (Services-III) Department, dated 05.07.2021. 3 HCJ & RRRJ WA_448_2025 6. After their promotion, some of the respondents/writ petitioners managed to pass certain tests but failed in the test of “Proficiency in Automation with usage of Computer and Associated Software”, while others also failed in the “Survey Test”. 7. Invoking the provisions of G.O.Ms.No.154 dated 05.07.2021, the petitioners after getting served with the show-cause notices, were reverted to the post of VRO (Grade-I) on account of their failure to clear the said tests. The order of reversion was challenged before the learned Single Judge, who allowed the writ petition considering the scope of G.O.Ms.No.225, General Administration (Ser.C) Department, dated 18.05.1999, and G.O.Ms.No.391, Revenue (Ser.II) Department, dated 19.10.2015. At this stage, it would be beneficial to refer to G.O.Ms.No.225, dated 18.05.1999, which envisaged as under: “Notwithstanding anything contained in the Andhra Pradesh State and Subordinate Service Rules or in the Special Rules or in adhoc rules, the Government employees who have crossed 45 (forty five) years of age shall be exempted from passing the Departmental Tests prescribed in the special rules or the adhoc rules for the purpose of promotion to the next higher category i.e., promotion or appointment by transfer involving promotion to a post above the one held by him or her, if they could not get even one promotion after their initial appointment. Provided that the persons who already got a promotion once where no tests are prescribed for the higher post, the exemption is not applicable to him or her if he or she is to be considered for further promotion to next higher category where 4 HCJ & RRRJ WA_448_2025 tests are prescribed. (This adhoc rule is applicable from the panel year 1997-98). Provided further that the exemption is applicable in case of Departmental Tests or Special Tests only, where they are prescribed as a pre-requisite for promotion and this exemption shall not be applicable where like technical or academic qualifications are prescribed for promotion to the next higher category of posts.” 8. G.O.Ms.No.391, Revenue (Ser.II) Department, dated 19.10.2015, came to be issued by the Government granting a specific exemption in regard to those employees working in the Revenue Department who had crossed the age of 45 years from passing/completing the Survey Training for getting a promotion to the post of Senior Assistant. The necessity for issuing the said Government Order arose from the clarification and observation made by the Chief Commissioner of Land Administration, Hyderabad, in whose opinion “Passing of Revenue Survey Training being a technical qualification was not exempt as per G.O.Ms.No.225, dated 18.05.1999, for purposes of seeking promotion to the post of Senior Assistant from the feeder category.” 9. It was in that context the Andhra Pradesh Revenue Service Association made a representation to the concerned authorities stating that they were not being considered for promotion despite the fact that they had crossed 45 years of age and that the benefit which was otherwise envisaged under G.O.Ms.No.225, dated 18.05.1999, was not made available to the employees who had not been the beneficiaries of any promotion in the past. It is in that 5 HCJ & RRRJ WA_448_2025 background that the Government issued G.O.Ms.No.391, dated 19.10.2015, which, inter alia, envisaged as under: “7. Government after careful examination of the matter hereby exempt the Revenue employees who have crossed 45 years of age from passing/completion of Survey Training (Technical qualification) for getting first promotion to the post of Senior Assistant from the category of Junior Assistant/Typist etc. and they shall remain as Senior Assistant as Ministerial Services staff till end of their service in relaxation of rules. They shall not be eligible for training for the post of Revenue Inspector.” 10. It is in the aforementioned context that the learned Single Judge allowed the writ petition holding as under: “21. The contention of the learned Government Pleader that the petitioners cannot approbate and reprobate may not apply to the facts and circumstances of the case, all the petitioners crossed 45 years by the date of their promotion. It is a settled principle of law that a Government order issued under Article 162 of the Constitution of India will not prevail over a Rule made under proviso to Article 309 of the Constitution of India. When the other feeder categories of employees to the Senior Assistant are exempted from passing departmental tests, crossed 45 years, the petitioners who crossed 45 years are also exempted from passing the departmental tests. 26. Given the discussion made supra, since the petitioners crossed 45 years by the date of promotion, the conditions in G.O.Ms.No.154 dated 05.07.2021 regarding Training & Regularization of Service, in the opinion of this Court do not apply to the petitioners. This court should not be oblivious to the conditions in G.O.Ms.No.225 General Administration (SER.C) Department, dated 18.05.1999 and G.O.Ms.No.391 dated 6 HCJ & RRRJ WA_448_2025 19.10.2015. This Court is of the view that there cannot be discrimination in the feeder category employees who crossed 45 years to the post of Senior Assistant. As observed supra, all the petitioners, by the date of their promotion, crossed 45 years of age. The petitioners possessed degree qualifications and hence they were considered for promotion by excluding seniors, who did not have degree qualifications. The authority failed to consider all these aspects, including reasons, and passed the order impugned and hence the same is liable to be set aside.” 11. Learned Government Pleader for Services I appearing for the appellants would contend that the benefit of Government Order No.225, dated 18.05.1999, cannot at all be made available to the respondents, inasmuch as they had agreed to the condition of clearing the Proficiency Test in Automation and completing the Survey Training for 42 days, which were pre-requisites under Government Order No.154, dated 05.07.2021. It was further argued that G.O.Ms.No.154, being issued later in point of time, would prevail, and therefore, the learned Single Judge committed an error in allowing the writ petition by holding otherwise. 12. Learned counsel for the respondents, on the other hand, sought to support and buttress the view expressed by the learned Single Judge. 13. We have heard learned counsel for the parties. 14. Admittedly, the petitioners had failed to complete the Survey Training, which was considered a technical qualification not ordinarily exempt in terms of G.O.Ms.No.225, dated 18.05.1999. Apart from this, some of the petitioners 7 HCJ & RRRJ WA_448_2025 had also failed to clear the Proficiency Test in Automation conducted by the APPSC. 15. A perusal of G.O.Ms.No.225, dated 18.05.1999, would show that the Government in exercise of its powers conferred under the proviso to Article 309 of the Constitution of India, had framed a rule which clearly envisaged that Government employees who had crossed 45 years of age would be exempt from passing the Departmental Tests prescribed in the special rules or adhoc rules for purposes of promotion to the next higher category i.e., promotion or appointment by transfer involving promotion to a post above the one held by him or her, if they had not received even one promotion after their initial appointment. 16. The second proviso to the said Government Order envisaged that the exemption was applicable only in cases of Departmental Tests or Special Tests where they were prescribed as pre-requisites for promotion and further that the exemption was not applicable where technical or academic qualifications were prescribed for promotion to the next higher category of posts. 17. Even this impediment was sought to be overcome by the issuance of G.O.Ms.No.391, dated 19.10.2015, whereby the Government exempted the completion of Survey Training, which was considered to be a technical qualification for purposes of promotion to the post of Senior Assistant. 8 HCJ & RRRJ WA_448_2025 18. Learned counsel for the appellants has not been able to satisfy us as to how G.O.Ms.No.391, dated 19.10.2015, would not be applicable to the case of the petitioners, inasmuch as they were also revenue employees who had crossed 45 years of age. Even otherwise, we are in agreement with the view expressed by the learned Single Judge that denying the benefit of G.O.Ms.No.391, dated 19.10.2015, to the petitioners, while extending it to all revenue employees, including Junior Assistants for purposes of promotion to the post of Senior Assistant, would be highly discriminatory. 19. For the reasons mentioned above, we find no merit in the present Writ Appeal, which is accordingly dismissed. No costs. Consequently, pending miscellaneous applications, if any, in this case, shall stand closed. DHIRAJ SINGH THAKUR, CJ. R. RAGHUNANDAN RAO, J. SSN