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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TARLADA RAJASEKHAR RAO, J.
PALLAPATI SRINIVASA RAO – Appellant
Versus
The State of Andhra Pradesh – Respondent
W.P.No.30435 of 2021
Decided on : 14-09-2022
SERVICE CONDITIONS - ALTERATION - A.P. STATE MINISTERIAL SERVICE RULES, 1998 - R. 6(III) - A.P. SUBORDINATE SERVICE RULES, 1996 - R. 10(B) - APPOINTMENT OF TYPIST - QUALIFICATION - HIGHER GRADE TELUGU TYPEWRITING - NOT MANDATORY - IMPOSITION OF CONDITION TO ACQUIRE HIGHER GRADE TELUGU TYPEWRITING QUALIFICATION - ARBITRARY - WRIT PETITION ALLOWED.
Fact of the Case:
The petitioner was appointed as an Attender in the Revenue Divisional Officer's Office. He was later promoted as a Driver and then as a Typist. The impugned proceedings required the petitioner to acquire Telugu Typewriting Higher Grade qualification within a year, failing which he would be reverted to his previous post. The petitioner challenged the impugned proceedings, contending that the appointment order did not specify the need for Telugu Typewriting Higher Grade qualification and that typewriters were being replaced by computers, making the qualification redundant.
Finding of the Court:
The court held that the impugned proceedings were arbitrary and set them aside. It observed that the appointment order did not indicate that the petitioner was required to possess Telugu Typewriting Higher Grade qualification and that, in the present scenario, typewriters were being replaced by computers, making the qualification redundant.
Issues: Whether the impugned proceedings requiring the petitioner to acquire Telugu Typewriting Higher Grade qualification were arbitrary.
Ratio Decidendi: The court relied on Rule 6(iii) of the A.P. State Ministerial Service Rules, 1998, which provides that candidates who have passed the Government Technical Examination in Typewriting by the Lower Grade in Telugu may be appointed as Typists if persons with the Higher Grade qualification are not available. The court also noted that typewriters were being replaced by computers, making the Higher Grade qualification redundant.
Final Decision: The court allowed the writ petition and set aside the impugned proceedings.
ORDER :
1. The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:-
2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents.
3. The briefs of the case are that, the petitioner was appointed on 09.07.1997 as an Attender in the Office of the 3rd respondent i.e., Revenue Divisional Officer, Collector?s Office, Ongole. There after he was considered as a Driver from 08.02.2009 in the same Department and by the proceedings in Rc.No.A2/2063/2006, dated 23.07.2014, the petitioner was promoted as a Typist and working in the office of the 3rd respondent from fore noon of 01.08.2014 till date. Later, he was promoted as Typist by proceedings dated 23.07.2014 on the following conditions:-
2. That it is purely temporary and under emergency provision basis and does not confer any right of any kind on the individual, the appointing authority shall have the right to revert to a lower category or grade from which he was appointed by transfer at any time without any notice and without assigning any reasons therefor.
3. The individual is directed to join within 15 days stipulated under Rule 11(b) of Andhra Pradesh State and Subordinate Service Rules, 1996 read with the instructions contained in G.O.Ms.No.123 (GAD Ser.D) Department dated 14.03.2001 failing which he would forfeit the right of promotion to the cadre of Typist.”
4. It is the further contention of the petitioner that there is no such provision to acquire Telugu Typewriting Higher Grade as per the appointment of the petitioner as a Typist on promotion from the Driver. It is further submitted that Section 23 of the Andhra Pradesh Ministerial Service Rules, 1998, (for short, “the Rules, 1998”) postulates, “Allotment of candidates without Special qualifications: When a candidate is required to fill any post for which special qualifications are prescribed by these rules, the order indicated in the list of approved candidates may be departed from in so far as such departure may be necessary in order to secure the appointment of a candidate possessing such special qualifications”. It says that if a person with qualification prescribed in item (ii) of the Rules are not available then the person qualified in Typewriting lower grade if otherwise, qualified be appointed.
5. As per Rule 31 of Andhra Pradesh State and Subordinate Services Rules, 1996, (for short, “the Rules, 1996) the Governor shall have the power to relax any rules contained in these rules or special rules, in favour of any person or class of persons, in relation to their application to any member of a service or to any person to be appointed to the service, class or category or a person or a class of persons, who have served in any civil capacity in the Government of Andhra Pradesh in such manner as may appear to be just and equitable to him, where such relaxation is considered necessary in the public interest or where the applicat
The imposition of a condition to acquire Telugu Typewriting Higher Grade qualification for the post of Typist was arbitrary in the absence of a specific requirement in the appointment order and in li....
The court established that qualifications can be relaxed based on practical job requirements and previous judicial decisions.
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