Date of reserved for orders : -- Date of pronouncement : 29.09.2026 Date of uploading : 29.09.2026 APHC010515432026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE 29th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28009/2026 Between: 1. SMT G SANDHYA RANI, W/O. SANGARI APPALA NAIDU, AGED ABOUT 38 YEARS, OCC SENIOR ASSISTANT, OFFICE OF DEO, VIZIANAGARAM, R/O.H.NO.299, MIG - II, PHASE -3, VUDA COLONY, VIZIANAGARAM, VIZIANAGARAM DISTRICT, A.P., CODE NO.535002. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT BUILDING, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P., CODE NO.522237. 2. THE COMMISSIONER OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, VENKATADRI TOWERS, OPP DGP OFFICE, BESIDES HAPPY RESORTS, ATMAKUR, MANGALGIRI, GUNTUR DISTRICT, A.P, CODE NO.521456. 2 3. THE DISTRICT EDUCATIONAL OFFICER, VIZIANAGARAM, VIZIANAGARAM DISTRICT, A.P. CODE NO.535002. ...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 mandamus or any other appropriate writ or direction declaring the action of the respondents for not payment of 4 Annual Grade Increments for the years 2008 to 2011 along with arrears even though the petitioner acquired the Typewriting qualifications as illegal, arbitrary and consequently direct the respondents to release all four Annual Grade Increments for the years 2008 to 2011 forthwith. IA NO: 1 OF 2026 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 direct the 3rd respondent to dispose of the representations dt.25.7.2026 and 6.8.2026 submitted by the petitioner, pending disposal of writ petition. Counsel for the Petitioner: 1. K BHEEMA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES III The Court made the following: Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.28009 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondents in not paying four (4) annual grade increments for the years 2008 to 2011 to the Petitioner, as illegal and arbitrary. 2. The Petitioner was appointed on compassionate grounds on 09.03.2007 as Typist-cum-Clerk in the office of Project Officer, ITDA, Parvathipuram, subject to the condition that she should acquire qualifications of Higher Grade both in Telugu and English Typewriting within two (2) years from the date of appointment. The Petitioner could not acquire said qualifications during the time specified and acquired the qualifications in the extended period accordingly her services were regularized w.e.f. 09.12.2011 vide Proceedings 23.02.2008 issued by District Educational Officer, Vizianagaram on 15.03.2012. 3. In the present Writ Petition, the Petitioner is claiming for four (4) annual grade increments from 2007 to 2011, the period prior to the date of regularization. 4. Heard the counsels. 4 5. The annual grade increments are granted only to the regular employees. The appointment of the Petitioner in the year 2007 was a conditional appointment and her services were regularized on acquisition of the qualifications for the post of Typist-cum-Clerk. For the period prior to 2011, the appointment of the Petitioner was a gratuitous appointment and to meet the contingencies on account of death of the father of Petitioner. The services of the Petitioner from 2007 to 2011 cannot be taken into consideration for the purpose of grant of annual grade increments, as there was no appointment to the post under law, as Petitioner did not have requisite qualifications for the said post. 6. The contention of the Petitioner that the service of the Petitioner is to be regularized from the date of initial appointment i.e., 09.03.2007 is to be accepted, that would amount to validating appointment of Petitioner to the post of Typist-cum-Clerk without having requisite educational qualifications. The same would be contrary to the Rule framed under proviso to Article 309 of Constitution of India. It is too well known that educational qualification to a post is an absolute requirement and no appointment can be validated without the said qualification. 5 7. It is to be noted that Rule 12 of the A.P. State and Subordinate Service Rules, 1996 prohibits appointment of an individual unless he has requisite academic and other qualifications prescribed for that post. Relevant portion of Rule 12(1) is extracted below: (i) (a) No person shall be eligible for appointment to any service by direct recruitment unless he satisfies the selection authority as well as the appointing authority, that; (i) .......... (ii) ........... (iii) he possess the academic and other qualifications prescribed for the post and (iv) ....... (v) …… 8. Taking note of the mischief, Government issued clarification vide G.O.Ms.No.151, General Administration (Services.A) Department, dated 22.06.2004 to regularise the services of individuals appointed on compassionate grounds from the date of acquiring qualification and not from the date of joining into duty. The relevant portion of the G.O. is extracted below: According to Rule 12 of A.P. State and Subordinate Service Rules, the person to be appointed to the Public Service by direct recruitment shall possess the requisite 6 qualification for the post to which he or she is appointed. The Compassionate appointment is by direct recruitment. The orders issued in the G.O. fourth read above are contrary to the above rule position. In several cases, the inter-se-seniority could not be finalised as the persons appointed on compassionate grounds subject to acquiring such qualification, are acquiring the qualification at a much later date. Whereas the persons appointed as per Rules by other methods of appointment namely: by direct recruitment and by promotion/by transfer are fully qualified. Keeping this in view, the orders issued in the G.O. fourth read above have been reviewed and it is decided to consider the regularisation of services of the persons appointed on compassionate grounds and subject to acquiring qualification, only from the date of acquiring the qualification fully for the post to which they have been appointed. 9. As the impugned proceedings are in consonance with the said G.O., and the Rules referred above, this Court does not find any merit and the same is accordingly dismissed. 10. No order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 29.09.2026 IS 7 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.28009 of 2026 Date: 29.09.2026 IS