Back
2001 Supreme(AP) 1398
Andhra Pradesh High Court
Judges : S.ANANDA REDDY, S.R.NAYAK
COLLECTOR AND DISTRICT MAGISTRATE, GUNTUR - Appellant
Versus
M.Deena Raju - Respondent
Decided On : 11-09-01
Headnote:
Andhra Pradesh Ministerial Service Rules, 1966 - sub-rule (14) of Rule 3 - Andhra Pradesh (Andhra Area) Village Officers Service rules,1969 - Ministerial Service rules - sub-rule (14) of Rule 3 - Quashing - Seeking declaration that service rendered by respondent - Post of At tender by way of recruitment by transfer with effect - Writ petition is whether respondent is entitled to benefit - question that arises for decision - At time of his appointment as attended in year had passed matriculation and Typewriting English lower Grade Examination - Respondent made a representation to petitioner-authorities on contending that is entitled to be appointed as Junior Assistant-cum-Typist in terms of proviso of Rule of Ministerial Service rules - Since there was no positive response in time to representation of respondent he filed O. A in Andhra Pradesh Administrative tribunal said O. A. was disposed of by Tribunal directing respondents to examine case of respondent as per the statutory rules for his appointment by transfer as Typist – Held, There is also no merit in contention that since respondent was initially appointed on part-time basis as village servant he cannot be considered to be a Member belonging to other services within contemplation of that term of Rule of ministerial Service Rules - As pointed out rule of Village Officers Service Rules itself clearly shows that even village servants are members of service established those rules - Further Rule itself mandates that village Officers and village servants of service should be treated as part-time government employees - Be that as it may Government Pleader for services court was not in a position to refer to or bring to our notice any of provisions of Ministerial Service Rules or any other statutory rules or rules framed by governor proviso of Article 309 of Constitution of India by force of which part-time village servants by force of which an At tender belonging to other service could be taken out of purview of proviso of Ministerial Service Rules only on ground that such At tender was initially appointed as village servant on part-time basis Village Officers service Rules - Writ Petition dismissed
( 1 ) A short question that arises for decision in this writ petition is whether the respondent herein is entitled to the benefit of the proviso to Clause (b) of sub-rule (14) of rule 3 of A. P. Ministerial Service Rules, 1966 (for short the Ministerial Service Rules ). This question arises in the following factual background.
( 2 ) THE respondent herein, Mr. Deena raju, was initially appointed as Village servant during the year 1982 under A. P. (Andhra Area) Village Officers Service rules, 1969 (for short, the Village Officers service Rules ) on part-time basis. When he was serving as such, in the year 1991 he was appointed to the post of Attender by way of recruitment by transfer with effect from 26-3-1991. At the time of his appointment as attender in the year 1991, he had passed matriculation and Typewriting English lower Grade Examination. The respondent herein made a representation to the petitioner-authorities on 10-3-1996 contending that he is entitled to be appointed as Junior Assistant-cum-Typist in terms of the proviso to Clause (b) of sub-rule (14) of Rule 3 of the Ministerial Service rules. Since there was no positive response in time to the representation of the respondent, he filed O. A. No. 3426 of 1996 in the Andhra Pradesh Administrative tribunal, Hyderabad (for short the tribunal ) and the said O. A. was disposed of by the Tribunal directing the respondents therein to examine the case of the respondent as per the statutory rules for his appointment by transfer as Typist. Even that direction was not complied with by the petitioner-authorities within the prescribed time and, therefore, the respondent filed c. A. No. 179 of 1997 which was disposed of on 11-2-1998 directing the petitioner- authorities to consider the representation filed by the respondent. Subsequently, the representation of the respondent was considered and rejected by the District collector, Guntur District, Guntur by his proceedings D. Dis. No. 3333/97-A6, dated 16-5-1998.
( 3 ) THE respondent being aggrieved by the above order of the District Collector dated 16-5-1998 filed O. A. No. 4435 of 1998 before the Tribunal for quashing the said proceedings of the District Collector and seeking declaration that the service rendered by the respondent as village servant is required to be taken into consideration for the purpose of appointing him as Junior assistant or Junior Assistant-cum-Typist as he had the prescribed minimum general educational qualification as well as technical qualification and for a consequential direction to the petitioner herein to consider his case for appointment as Junior Assistant or Junior Assistant-cum-Typist in the existing vacancies. Opposing the Original application, the petitioner authorities filed their counter.
( 4 ) BEFORE the Tribunal, on behalf of the respondent-applicant, it was contended that since the respondent has passed matriculation and also Typewriting lower grade in English and completed five years of service in the department, he is entitled to be considered for appointment to the post of junior Assistant or Junior Assistant-cum- typist. On behalf of the petitioner- authorities herein, it was contended that since the respondent does not possess the requisite technical qualification and intermediate qualification, he is not eligible for being appointed as a Junior Assistant or junior Assistant-cum-Typist. The petitioner authorities maintained that in terms of ministerial Service Rules, a person to be appointed as Junior Assistant or Junior assistant-cum-Typist must have passed the government Technical Examination in typewriting by Higher Grade in Telugu on government standard key board and that since the respondent does not have the qualification of passing Government technical Examination in Typewriting either by higher grade in Telugu or lower grade in Telugu, he is not technically qualified for being considered for appointment as Typist. As regards educational qualification of th
