APHC010009212026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 595/2026 Between: 1. K TAPASWI, D/O. K. KANAKESWARA RAO(LATE), AGED ABOUT 27 YEARS R/O. D.NO.24-11-8, WARD NO.33, NEAR R AND B OFFICE, VARANASI VARI STREET, SRIRAMPURAM, BHIMAVARAM-LL, WEST GODAVARI DISTRICT, PINCODE 534202 ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE (EXCISE) DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR- 522503 2. THE COMMISSIONER OF PROHIBITION AND EXCISE, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT- 522503 3. THE DEPUTY COMMISSIONER OF PROHIBITION AND EXCISE, KAKINADA, EAST GODAVARI DISTRICT- 533001 4. THE DISTRICT PROHIBITION AND EXCISE OFFICER, ELURU DISTRICT, ELURU- 534001 5. THE DISTRICT PROHIBITION AND EXCISE OFFICER, WEST GODAVARI DISTRICT, BHIMAVARAM- 534201 ...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 any writ, order or direction more particularly one 2 in the nature of Writ of Mandamus declaring the action of the 4th Respondent in not considering Office Automation (CRT) examination conducted by State Board of Technical Education and Training, Andhra Pradesh on Dt. 28.03.2019 to declare completion of writ petitioner's probation and thereby invoke the seniority of the writ petitioner for 3 years 10 months 17 days from 29.12.2017 to 16.11.2021 despite the respondents not conducting any examination in relevance to the same in the period of 2017 to 2020 and not considering the representation of the writ petitioner dt.15.04.2025 there under as illegal, arbitrary and against principles of natural justice and consequently direct the respondent to consider the Office Automation (CRT) examination conducted by State Board of Technical Education and Training, Andhra Pradesh on Dt. 28.03.2019 in declaring completion of probation on 28.12.2019 and grant seniority of 3 years 10 months and 17 days calculating from the date of entry into service upon appointment into service i.e., 29.12.2017 to 16.11.2021 and pass such other order. 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 to direct the respondents to consider the representation of the writ petitioner dt.15.04.2025 to grant her seniority by taking into consideration, the <Office Automation (CPT)= conducted by State Board of Technical Education and Training, Andhra Pradesh on Dt. 28.03.2019, pending disposal of the Writ Petition and pass such other orders. Counsel for the Petitioner: 1. K V RAGHU VEER Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.595 of 2026 ORDER: 1. The present Writ Petition is filed by the Petitioner claiming seniority in the post of 8Junior Assistant9 from the date of her initial appointment. 2. The facts in brief are as follows; 3. The Petitioner was appointed as 8Junior Assistant9 on 27.12.2017 on compassionate grounds on the condition that the Petitioner should acquire degree qualification within five (5) years of entry into service and also qualify in the special test i.e. Proficiency in Office Automation with usage of Computers and Associated Software (Computer Proficiency Test) conducted by A.P.P.S.C or recruiting agency (D.S.C). 4. As per the terms of appointment, the Petitioner obtained degree qualification on 19.10.2020 within the stipulated period of five (5) years and had qualified in Computer Proficiency Test for <Office Automation (CPT)= conducted by the A.P.P.S.C through Notification No.18 of 2021 dated 28.10.2021 for which the results were declared on 16.11.2021. 5. Respondent No.4 declared the probation of Petitioner vide Proceedings in Rc.No.196/2022/A, dated 28.10.2023 as the Petitioner to have been satisfactorily completed w.e.f. 18.10.2022 by regularizing her services w.e.f. 19.10.2020 i.e. the date on which the Petitioner had acquired the required educational qualification degree. 4 5. Subsequently, Respondent No.4 issued orders vide Rc.No.196/A dated 10.03.2025 modifying the date of regularization of services of the Petitioner from 28.10.2021 and declared the probation of Petitioner in the cadre of 8Junior Assistant9 from 27.10.2023 based on the results of <Office Automation (CPT)= examination conducted by the A.P.P.S.C vide Notification No.18 of 2021 dated 28.10.2021. 6. Subsequently, seniority was fixed in the cadre of 8Junior Assistant9. The Petitioner gave representation on 15.04.2025 to the Respondent-authorities to grant seniority from the date of her joining into service i.e. from 29.12.2017. As the said representation is not being considered, the present Writ Petition is filed. 7. Learned Assistant Government Pleader for Services Sri S. Raju would submit that the appointment of Petitioner as 8Junior Assistant9 on compassionate grounds and until the Petitioner acquires requisite qualifications required for appointment in the post, the Petitioner cannot be said to be validly appointed and therefore the relief sought by the Petitioner for granting seniority from the date of her initial appointment would amount to validity for the period of service for which the Petitioner does not have minimum educational qualification to hold the post of 8Junior Assistant9. 8. Heard the respective counsels. 5 9. 8. Heard the respective counsels. 5 9. The Petitioner was appointed on compassionate grounds subject to the condition that the Petitioner acquires degree qualification within five (5) years of entry into service, on par with HOD’s/Directorates and Secretariat and also within two (2) years of time to qualify in the special qualification test i.e. Proficiency in Office Automation with the usage of Computer and associated software conducted either by the A.P.P.S.C or recruiting agency (DSC) as the case may be. 10. A reading of the appointment order of the Petitioner makes it apparent that the appointment is conditional and subject to the acquisition of the qualifications prescribed therein. The educational qualification required for the post of 8Junior Assistant9 is degree as per the Andhra Pradesh Ministerial Service Rules, 1998 and unless a person acquires a degree qualification, no appointment can be made. The conditional appointment as 8Junior Assistant9 on compassionate ground is only to overcome the immediate family requirements, but that does not give any right to the Petitioner to seek for seniority from the date of initial appointment in the absence of requisite educational qualification specified for the post. 11. As regards the <Office Automation (CPT)=, the Petitioner is required to qualify the test conducted by the A.P.P.S.C. As the Petitioner had qualified in the examination only in the year 2021, the fixation of seniority with particular date cannot be found fault with. 6 12. A similar view was taken by a Division Bench of this Court in W.A.No.1005 of 2023 dated 19.12.2023. Therefore, this Court does not find any merit in the Writ Petition and accordingly the Writ Petition is dismissed. 13. No orders as to costs. 14. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ___________________ NYAPATHY VIJAY, J Date: 08.01.2026 IS 7 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.595 of 2026 Date: 08.01.2026 IS