APHC010499962024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] FRIDAY,THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL NO: 951/2024 Writ Appeal under clause 15 of the Letters Patent be pleased to set- aside the orders in I.A.No. 1 of 2022 in W.P.No.12939 of 2020, dated 28.03.2024 passed by the Learned Single Judge and pass such Between: 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DIRECTOR OF TREASURIES AND ACCOUNTS,, IBRAHIMPATNAM, VIJAYAWADA. 3. THE DEPUTY DIRECTOR,, DISTRICT TREASURY, KADAPA CITY, YSP. KADAPA DISTRICT. ...APPELLANT(S) AND 1. S KHAJAPEER, S/o Late SHaik Iqbal Jani, aged about 31 years, resident of D No 19/14, Rajaji Road, Proddatur Town and Mandal, YSR Kadapa District. ...RESPONDENT IA NO: 1 OF 2024 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 2 may be pleased to Condone the delay of 139 days days in filing the present Writ Appeal and to pass such IA NO: 2 OF 2024 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 may be pleased to suspend the orders made in I.A.No. 1/2022 in W.P.No. 12939/2020, dated 28-03-2024 pending disposal of the Writ Appeal and pass such 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 grant leave to the Petitioner/Respondentin the W.A. No. 951 of 2024 to file the Counter Affidavit of Respondent in the above Writ Appeal and to pass Counsel for the Appellant(S): 1. GP FOR SERVICES I Counsel for the Respondent: 1. KALEEMULLA S The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL No.951 of 2024 JUDGMENT: (Per Hon’ble Sri Justice Battu Devanand) This Writ Appeal has been filed against the order, dated 28.03.2024 in I.A.No.1 of 2022 in W.P.No.12939 of 2020 passed by the learned Single Judge of this Court. 2. The appellants herein are the respondents and the respondent herein is the review petitioner in I.A.No.1 of 2022 in W.P.No.12939 of 2020. 3. Both the parties in the Appeal will be referred to as they are arrayed in the Writ Petition for convenience. 4. Brief facts leading to file this writ appeal, are herein under: (i) The petitioner was appointed vide proceedings in Rc.No.A1/141/2013, dated 15.11.2014 as Junior Accountant in Sub-Treasury Office, Muddanuru on compassionate grounds, as his mother retired as Office Subordinate under medical invalidation scheme. On 27.10.2018, the petitioner submitted his representation to the 3rd respondent to declare his probation and to regularize his service. (iii) While representation is pending, the petitioner has received show- cause notice vide proceedings in Rc.No.A1/141/2013, dated 01.07.2020. Through the impugned proceedings, the 3rd respondent has cancelled the appointment of the petitioner as Junior Accountant and reappointed as Shroff with effect from 17.11.2014 on the ground that his appointment is contrary to 4 G.O.Ms.No.135, General Administration (Ser.B) Department, dated 12.05.2014 and G.O.Ms.No.268, Finance (Admn.III) Department, dated 27.10.2017 and directed the petitioner to submit explanation. Accordingly, he submitted explanation stating that as per his appointment, he was given two years time to obtain certificate of Office Automation. He obtained the requisite certificate as prescribed in the appointment within two years from the date of his appointment, but the respondent authorities issued the impugned proceedings. Aggrieved of the said proceedings, the review petitioner filed W.P.No.12939 of 2020 to direct the respondents to declare the probation of the petitioner and to regularize his service as Junior Accountant in the Unit of YSR Kadapa Treasury with effect from 17.11.2014. The said writ petition was dismissed by the learned Single Judge vide its order, dated 28.10.2022. Aggrieved of the same, the petitioner filed Review petition to review the order passed in W.P.No.12939 of 2020. The learned Single Judge of this Court after having detailed consideration allowed the review petition on 28.03.2024. Aggrieved by the order of the learned Single Judge, the respondents preferred the present writ appeal. 5. Learned Government Pleader for Services-I appearing for appellants would submit that the probation of the petitioner not declared and he is not a regular employee as per rules and the concerned authority has been identified the error in appointment and issued impugned proceedings. As per the contention of the appellants/respondents, the petitioner did not possess the Bachelors Degree as required under G.O.Ms.No.268, Finance (Admn.III) Department, dated 27.10.2017 and G.O.Ms.No.135, General Administration 5 (Ser.B) Department, dated 12.05.2014. He further contends that the 3rd respondent issued appointment order without any authority or power to issue appointment order as Junior Accountant and permitted the petitioner to obtain technical certificate within two years. Learned Government Pleader would further submit that as per G.O.Ms.No.612, dated 30.10.1991 granted relaxation for acquiring requisite qualifications is applicable only for compassionate appointment to the dependents of deceased government employees but not to the dependents appointed on medical invalidation ground and as such sought to allow the writ appeal by setting aside the order of the learned single Judge. 6. Learned counsel for the writ petitioner would submit that in exercise of power vested under Article 309 of the Constitution of India, the State being an employer can fix separate qualifications in the matter of employment and accordingly, the State framed separate rules to the Accounts and Treasury Department in supersession of the Andhra Pradesh Treasury and Accounts (Subordinate) Service Rules, 1963. He contends that the Governor of Andhra Pradesh vide G.O.Ms.No.201, Finance (Administration) Department, dated 08.03.1963 made special rules for the Andhra Pradesh Treasury and Accounts (Subordinate) Service Rules, 1963 under G.O.Ms.No.22, Finance (Admn.III) Department, dated 26.02.2011. As per special rules framed by the State, Intermediate is the qualification for appointment as Junior Accountant in the Sub-Treasury Office as on the date of appointment of the writ petitioner. The learned counsel further contends that G.O.Ms.No.133 and G.O.Ms.No.135 would not apply to the Treasury and Accounts Department as 6 per Executive Order issued by the State Government vide Memo No.A1/10268/2014, dated 02.12.2015 and as such the initial appointment of the petitioner is in accordance with the rules and the respondent authorities are not entitled to demote the petitioner from the post of Junior Accountant to Shroff. Learned counsel further contends that when there is sufficient reason to satisfy the Court that G.O.Ms.No.22, dated 22.06.2011 was not brought to the notice of the Court which is an important document for proper adjudication of the case, this Court can exercise power to review the order at any time. Accordingly, the learned counsel submits that there is no illegality, irregularity or infirmity in the order passed by the learned single Judge in allowing review petition and directing the respondents to reinstate the petitioner as Junior Accountant in Sub Treasury Department and sought to dismiss the writ appeal. 7. This Court gave anxious consideration to the submissions made by respective counsel appearing on either side and carefully examined the material available on record. 8. The admitted facts are that the petitioner was appointed on compassionate grounds under medical invalidation scheme as Junior Accountant in the respondents department vide proceedings, dated 15.11.2014. Thereafter, the petitioner submitted representation, dated 27.10.2018 to the 3rd respondent to declare his probation and to regularize his service, as he possessed requisite educational qualifications as per the conditions stipulated in the appointment order. After lapse of almost five years, the respondent authorities issued proceedings, dated 01.07.2020 demoting 7 the petitioner from the post of Junior Accountant to Shroff. Aggrieved by the said order, the petitioner approached this Court by filing W.P.No.12939 of 2020. The said Writ Petition was dismissed on 28.10.2022. The petitioner filed a review petition in Review I.A.No.1 of 2022 seeking to review the order, dated 28.10.2022 in the said writ petition. The said review petition was allowed by order, dated 28.03.2024. Against the same, the present writ appeal is filed. 9. The petitioner was appointed on 15.11.2014 as Junior Accountant in Sub-Treasury Office, Muddanuru on compassionate grounds under medical invalidation scheme. Admittedly, at the time of appointment, he possessed Intermediate qualification. On perusal of the appointment order, dated 15.11.2014, it is clear that the 3rd respondent has permitted the petitioner to obtain technical certificate in Office Automation or PC Maintenance & trouble shooting or web designing within two years from the date of appointment. It is also an admitted fact that the petitioner has obtained the essential certificate in Office Automation in the month of August/September, 2015 well within the time stipulated in the appointment order. On 27.10.2018 the petitioner submitted representation to the 3rd respondent to declare his probation and to regularize his service. At that juncture, the petitioner was issued a show-cause notice to submit his explanation so as to why he should not be reappointed to the lower post of Shroff, as his appointment was made against to G.O.Ms.No.135, General Administration (Ser.B) Department, dated 12.05.2014 and G.O.Ms.No.268, Finance (Admn.III) Department, dated 27.10.2017. The petitioner submitted his explanation stating that two years 8 time was granted to him to obtain certificate of Office Automation and accordingly he obtained the requisite certificate as prescribed in the appointment order within the time stipulated therein. However, the 3rd respondent has cancelled the appointment of the petitioner as Junior Accountant vide proceedings, dated 01.07.2020 and he was reappointed as Shroff with effect from 17.11.2014 i.e., from the date of joining of the petitioner as Junior Accountant in the Treasury Unit, Kadapa. The said order is impugned in W.P.No.12939 of 2020. Originally, the said writ petition was dismissed by order, dated 28.10.2022 and later the writ petitioner filed review application in I.A.No.1 of 2022 and the same was allowed by order, dated 28.03.2024 by setting aside the order impugned in the writ petition. Admittedly, the petitioner possessed Intermediate qualification at the time of appointment as Junior Accountant. Taking into consideration of G.O.Ms.No.268, Finance (Admn.III) Department, dated 27.10.2017 and G.O.Ms.No.135, General Administration (Ser.B) Department, dated 12.05.2014, the learned single Judge of this Court by order, dated 10.11.2022 has dismissed the writ petition which was filed by the petitioner to set aside the impugned proceedings in demoting him from the post of Junior Accountant to Shroff. Subsequently, the writ petitioner filed review petition on the ground that G.O.Ms.No.135, General Administration (Ser.B) Department, dated 12.05.2014 or G.O.Ms.No.268, Finance (Admn.III) Department, dated 27.10.2017 are not applicable to the petitioner as Andhra Pradesh Treasury and Accounts (Subordinate) Service Rules framed under Article 309 of the Constitution of India vide G.O.Ms.No.22, Finance (Admn.III) Department, 9 dated 26.02.2011 in supersession of the Andhra Pradesh Treasury and Accounts (Subordinate) Service Rules 1963 issued in G.O.Ms.No.201, Finance (Administration) Department, dated 08.03.1963. As per G.O.Ms.No.22, Finance (Admn.III) Department, dated 26.02.2011 for appointment as Junior Accountant, the requisite qualification is Intermediate Examination conducted by the Board of Intermediate examination or any other equivalent examination is sufficient. The Director of Treasuries and Accounts has issued Memo No.A1/10268/2014, dated 02.12.2014 stating that G.O.Ms.No.135, General Administration (Ser.B) Department, dated 12.05.2014 and G.O.Ms.No.268, Finance (Admn.III) Department, dated 27.10.2017 do not apply to the Treasury and Accounts Department as the department has its own special rules framed under Article 309 of the Constitution of India. 10. As per the contention of the learned Government Pleader appearing for the appellants that the post of Junior Accountant is a Ministerial Service and as per the Ministerial Service Rules, the requisite qualification to appointment as Junior Accountant is a Bachelors Degree and as on the date of appointment, the petitioner do not possess the requisite qualification of Bachelors Degree and the appointment of the petitioner is under medical invalidation scheme, the general rules of compassionate appointment are not applicable to him. 11. We are not inclined to accept the contention of the learned Government Pleader. It is settled law that the special rules always prevails the general rules. The Ministerial Service Rules on which the leaned Government 10 Pleader is relying are general rules. But, the Andhra Pradesh Treasury and Accounts (Subordinate) Service Rules issued in G.O.Ms.No.22, Finance (Administration) Department, dated 26.02.2011 are special rules framed under Article 309 of the Constitution of India. The petitioner was appointed on 15.11.2014 on which date the special rules issued to Treasury and Accounts Department vide G.O.Ms.No.22, dated 26.02.2011 are in existence. The petitioner has possessed Intermediate qualification for appointment as Junior Accountant prescribed in special rules. As such, he is entitled for appointment as Junior Accountant. Besides this, in the light of the Memo No.A1/10268/2014, dated 02.12.2014, the Director of Treasuries and Accounts clarified that G.O.Ms.No.135, General Administration (Ser.B) Department, dated 12.05.2014 and G.O.Ms.No.268, Finance (Admn.III) Department, dated 27.10.2017 do not apply to the Treasury and Accounts Department as the department has its own special rules framed under Article 309 of the Constitution of India. As such, there is no substance in the contention of the learned Government Pleader that the petitioner does not possess the requisite qualification for appointment as Junior Accountant in the Treasury and Accounts Department. 12. The learned Government Pleader has raised objection with regard to maintainability of the review petition. The learned single Judge while considering the objection answered the said objection in clear language as extracted herein under: “The Court can review its own order when no appeal has been preferred or from the discovery of view an important matter or evidence which after 11 the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the order was made or on account of some mistake or error apparent on the face of the record or for any other sufficient reason, desires to obtain a review of the order passed or made against him may apply for a review to the Court which passed the order. Though the G.O.Ms.No.22 was issued, the order is made well within time, but however, it was not brought to the notice of this Court. While dismissing the Writ Petition, this Court has taken the G.O.Ms.No.135 into consideration which postulates the appointment of the Junior Accountant in the Sub-Treasury Office the requisite qualification is Bachelors Degree. But, however, the said G.O. is not applicable in view of G.O.Ms.No.22, which is made under Article 309 of the Constitution of India, which is applicable to the present facts of the case”. 13. We are fully agreeing with the opinion of the learned single Judge on this aspect as it is settled law that the Court can review its own order for any sufficient reason and in the present case the special rules framed under Article 309 of the Constitution of India for Treasury and Accounts Department in G.O.Ms.No.22, dated 26.02.2011 were not brought to the notice of the learned single Judge. As such, the learned single Judge can exercise power to review the order. 14. For the above mentioned discussion, we are of the considered opinion that there is no illegality, irregularity or infirmity in the order of the learned Single Judge in allowing the review I.A.No.1 of 2022 and recalling the order, dated 01.07.2020 in W.P.No.12939 of 2020 and issuing consequential direction to the respondents to reinstate the petitioner as Junior Accountant in 12 Sub-Treasury Department. In our view, the learned single Judge has passed well reasoned order and as such interference is unwarranted. 15. Accordingly, the writ appeal is dismissed. 16. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _________________________ JUSTICE BATTU DEVANAND _________________________________ JUSTICE A.HARI HARANADHA SARMA Dated: 10.10.2025 PGR 13 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL No.951 of 2024 Dt. 10.10.2025 PGR