Point of Law: on some occasion appointments have been made by the Appointing Authority from a select list even after the expiry of one year from the date of selection but such illegal action of the Appointing Authority does not confer a right on an applicant to be enforced by a Court under Article 226 of the Constitution.

JUDGMENT :

Heard Smt K. Rajya Lakshmi, learned counsel for petitioner and Sri Y.Srinivasa Rao, learned Assistant Government Pleader for Services-II appearing for the respondents.

2. This writ petition has been filed for the following reliefs:-

“….Hon'ble Court may be pleased to issue a writ or order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in neither regularizing the services of the petitioner in the cadre of Typist nor converting the services of the petitioner as Junior Assistant and issuing the present proceedings vide Notice No.P.V/ SPC/ Nellore/ A.B./ E.C.2/418M dated 17.04.2021, as highly illegal, arbitrary, discriminatory and contrary to the Division Bench Judgment of this Hon'ble High Court in W.P.No.11321 of 2019 dated 16.04.2021 and set aside the same with all consequential benefits; and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.”

3. The grievance of the petitioner is that his services in the cadre of Typist are neither being regularized nor being absorbed on the post of Junior Assistant and his representation to that effect has been rejected by the impugned order dated 16.04.2021.

4. The facts of the case are that the petitioner's lands were submerged under Somasila Project in the year 1987. The Government issued G.O.Ms.No.98 dated 15.04.1986 which provided for employment to the displaced persons. On the petitioner's application, he was appointed as Typist in proceedings No.SE/SPC/NLR/EC(2)/E-9(D)/168 M dated 12.02.2019 by the Superintending Engineer, Somasila Project Circle, Nellore District/3rd respondent. The order of appointment provided that the petitioner shall pass type writing Higher Grade in both English and Telugu within a period of two years from the date of his joining duty. The petitioner's representation dated 27.07.2020 for conversion/absorption as Junior Assistant from Typist was rejected vide Memo No.SE/SPC/NLR/AB/EC.II/E.33/146 SP2 dated 06.08.2020 against which the petitioner filed W.P.No.3515 of 2021, which was disposed of vide judgment dated 26.02.2021, permitting the petitioner to make a fresh representation to the respondents who were directed to take appropriate decision, in accordance with law.

5. The petitioner's fresh representation was rejected vide Memo No.P.V/SPC/Nellore/A.B./E.C.2/418M, dated 17.04.2021 by the 3rd respondent on the ground that as per the rules and regulations there was no scope for conversion of the post of typist as Junior Assistant. However, on the petitioner's request he was granted extension of two years to pass out type writing Higher Grade both in English and Telugu examination.

6. Challenging the order dated 17.04.2021 the present writ petition has been filed.

7. Smt K. Rajyalakshmi, learned counsel for the petitioner, submits that the petitioner possess diploma in computer applications, Data Entry and Maintenance, DCHE and is eligible to be regularized on the post of Typist and to be absorbed on the post of Junior Assistant, in spite of the fact that he could not pass the requisite qualification of type writing higher grade both in English and Telugu due to various reasons and now there is also no possibility of the petitioner acquiring such qualification. She further submits that earlier the State Government granted relaxation from such qualification vide G.O.Ms.No.116 dated 29.02.2008 and G.O.Ms.No.68 dated 11.03.2010 in different departments.

8. Learned counsel for the petitioner further submits that in similar circumstances, this Court has passed orders in favour of those petitioners, though they did not qualify the type writing Higher Grade both in English and Telugu examination. Reliance has been placed on the judgments dated 03.03.2020 in W.P.No.33661 of 2017, dated 14.08.2019 in W.P.No.11321 of 2019 and in W.P.No.17966 of