Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(AP) 219

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Arup Kumar Goswami, C. Praveen Kumar, JJ.
Kanuganti Harinatha Babu, S/o. Krishnamurthy – Petitioner
Versus
The Hon’ble High Court of Andhra Pradesh, represented by its Registrar Administration and others – Respondent
W.P. Nos. 953 of 2021, 12959 of 2019 & 23411 of 2020
Decided On : 20-04-2021

Advocates:
Advocate Appeared:
For the Petitioner: Sri. G. Ramachandra Rao for Sri G. Pedda Babu
For the Respondent: Sri. K. Srinivasa Rao, Standing Counsel.

Point of Law: Promotion - whether or not the persons are in service for requisite length to acquire the graduation qualification is not a relevant consideration. What is relevant is that they must acquire the qualification within a period of five years from the date of promotion, if given.

Headnote:
Constitution of India - Article 309 - Promotion of Senior Assistant – Claim of compensation - Promotional post from post of Superintendent is the post of ‘Senior Superintendent - In terms Rules as amended by post of Senior Superintendent is to be filled by promotion - Qualification prescribed to the post of Senior Superintendent by promotion is that ‘a candidate must be an intermediate. Must have passed prescribed Departmental tests Civil Judicial Test Part-I & II, Criminal Judicial Test Accounts Test for Subordinate Officers Part-I and Translation Test –
Finding of the Court: Court are of opinion that when promotion is given with a condition attached logical corollary would be that such person shall be reverted back to post from which he was promoted in case he fails to fulfill condition - Rule 35 Rules as such has not taken care of the situation which confronts Petitioners, namely what will happen to those who have less than three years of service left - In a situation of this kind, we are of the considered opinion that when benefits have been granted to persons more or less in similar situation, the Rule may not be interpreted in a manner so as to disentitle persons in service who have got less than three years of service from being considered for promotion - In our considered opinion it will be in the interest of justice that any person who has got less than three years of service is also entitled to be considered for promotion in the light of Rule 35 Rules - He has to obtain requisite prescribed graduation qualification within a period of five years from the date of promotion if given irrespective of fact as to whether he is in service or not. In case, after retirement he does not pursue course for acquiring qualification of graduation or has failed to obtain qualification within the prescribed period of time necessary consequences will have to follow –
Result: Petition disposed

ORDER :

Arup Kumar Goswami, J.

1. Since all these three cases are listed together and as similar questions have been raised, they have been heard together and are disposed of by this common order.

2. Heard Sri G. Ramachandra Rao, learned counsel representing Sri G. Pedda Babu, learned Counsel for the Petitioner in W.P.No.953 of 2021, Sri D. Anil Kumar, learned Counsel for the Petitioner in W.P. No. 12959 of 2019, and Ms. S. Parineeta, learned Counsel for the Petitioner in W.P. No. 23411 of 2020. Also heard Sri K. Srinivasa Rao and Sri S. Nageswara Reddy, learned Standing Counsel for High Court.

3. The basic facts in W.P.No.953 of 2021 are as follows:

(i) The Petitioner was appointed as Attender in the year 1994. He was subsequently promoted as Record Assistant and now working as such in the Court of Principal Junior Civil Judge’s Court, Sattenapalli, Guntur District. The Petitioner had passed Intermediate examination. The Petitioner, at the time of filing the Writ Petition, had 1 year 11 months of service to his credit.

(ii) The promotion post from the post of Attender is the post of ‘Junior Assistant’. In terms of the Andhra Pradesh Judicial Ministerial Service Rules, 2003 (for short, ‘2003 Rules’), as amended by G.O.Ms.No.100 dated 08.08.2013, the post of Junior Assistant is to be filled up by ‘50% by direct recruitment; 50% by promotion of Examiners (Category-11/Copyists (Category-12) from the combined seniority and appointment by transfer from the post of Record Assistants, Drivers and Process Servers by fixing ratio of 8:4:1:3 in a cycle of 16 vacancies as prescribed in Note 2.’ The qualification prescribed to the post of Junior Assistant ‘by direct recruitment or by promotion’ is that ‘a candidate must have passed intermediate examination conducted by the State Board of Intermediate Education or its equivalent. Must have knowledge or qualification in computer operation.’

(iii) By G.O.Ms.No.76 dated 15.05.2019, in exercise of powers conferred by the proviso to Article 309 of the Constitution of India and in supersession of the 2003 Rules, as amended from time to time, the Government of Andhra Pradesh framed the Andhra Pradesh Judicial Ministerial and Subordinate Service Rules, 2019 (for short, ‘2019 Rules’). In terms of the 2019 Rules, post of ‘Junior Assistant’ is to be filled up ‘by 50% by way of direct recruitment; 50% by promotion of Examiner (Category-11/Copyists (Category-12) from the combined seniority and promotion of Record Assistant/Roneo Duplicator Operator/Lift Operator (Category-15(a)(b)(c), Senior Driver / Driver (Category-13&14) and Process Server (Category-16) by fixing ratio of 8:4:1:3 in a cycle of 16 vacancies as prescribed in Note 2’.

(iv) “Note 2” deals with ‘Cycle for Promotion of Senior Assistant’ and as well as ‘Cycle for Promotion of Junior Assistant.’ The qualification prescribed for the post of Junior Assistant either by direct recruitment or by promotion, is as under :

“Must have passed Bachelor’s Degree of any University in India established or incorporated by or under a Central Act, State Act or Provincial Act or an Institution recognized by the University Grants Commission or any equivalent qualification.

Must have knowledge or qualification in computer operation.”

(v) Thus, the qualification prescribed for the post of Junior Assistant is raised to Bachelor’s Degree of any University from earlier Intermediate passed.

(vi) The Petitioner had submitted a representation to the Principal District Judge, Guntur, on 09.12.2020 for promotion, but the same was rejected by an order dated 14.12.2020 holding that as the services of the Petitioner was below two (02) years, he cannot acquire the qualification of graduation within a period two years in case his candidature is considered as per Rule 35(b) of the 2019 Rules.

4. The basic facts in W.P.No.12959 of 2019 are as follows:

i) The Petitioner was appointed as Examiner on 27.10.1983 and he earned promotions during service as Junior Assistant, Senior Assistant and

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