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ANDHRA PRADESH HIGH COURT AT AMARAVATI
Ravi Nath Tilhari, J.
P. Shobha Rani – Appellant
Versus
State of Andhra Pradesh – Respondent
Writ Petition No. 6715 of 2019
Decided On : 08-07-2022
COMPASSIONATE APPOINTMENT - TYPING QUALIFICATION - G.O.Ms.No.612, dtd. 30/10/1991 - G.O.Ms.No.969, dtd. 27/10/1995 - APPOINTMENT OF DEPENDENT OF DECEASED GOVERNMENT EMPLOYEE - ACQUISITION OF REQUISITE QUALIFICATION - EXTENSION OF GRACE PERIOD - FINAL NOTICE - REASONABLENESS - JUDICIAL REVIEW - WRITS - WRIT PETITION - WRIT OF MANDAMUS - QUASHING OF IMPUGNED NOTICE - CONTINUATION IN POST WITH SERVICE BENEFITS.
Fact of the Case:
Petitioner, appointed as Typist under the scheme of Compassionate Appointment, failed to complete Typewriting Higher Grade in Telugu within the specified period of two years. Show Cause Notice was served, to which petitioner replied explaining compelling circumstances. No orders were passed pursuant to the Show Cause Notice and petitioner continued as typist. Petitioner acquired the requisite qualification in 2017 and submitted certificate to the Tahsildar. Final Notice was issued directing petitioner to submit willingness to take the lower post of attender/office subordinate within one week, failing which, it provided that it shall be construed that there were no compelling reasons of poverty and the petitioner should be discharged from the service.
Finding of the Court:
The Court found that the petitioner had acquired the requisite qualification before the issuance of the impugned final notice. The Court held that the issuance of the final notice after the petitioner acquired the requisite qualification was illegal and cannot be sustained. The Court also held that the respondents ought to have considered that the petitioner possessed the requisite qualification for the post of typist on the date of issuance of the final notice.
Issues: 1. Whether the issuance of the final notice after the petitioner acquired the requisite qualification was legal and sustainable? 2. Whether the respondents ought to have considered that the petitioner possessed the requisite qualification for the post of typist on the date of issuance of the final notice?
Ratio Decidendi: 1. The Court held that the issuance of the final notice after the petitioner acquired the requisite qualification was illegal and cannot be sustained. The Court relied on G.O.Ms.No.969, dtd. 27/10/1995, which provides that if the dependent of the deceased Government employees, fails to acquire the requisite qualification of Telugu Typewriting Higher Grade within the stipulated period, he/she may be given a further period for such acquisition of qualification. 2. The Court also held that the respondents ought to have considered that the petitioner possessed the requisite qualification for the post of typist on the date of issuance of the final notice. The Court relied on G.O.Ms.No.612, dtd. 30/10/1991, which provides that the dependents of deceased Government employees can be considered for appointment to posts such as Police Constable in Home Department, Excise Constable in Excise Department, Helper Grade-I and II in Forest Department, Leading Fireman/Fireman in Fire Service Department etc., if they satisfy the qualifications and physical standards prescribed for such posts.
Final Decision: The Court allowed the Writ Petition and quashed the impugned final notice and the proceedings pursuant to the final notice. The respondents were directed to continue the petitioner in the post of typist with all the service benefits which she would have been entitled to, if the requisite typewriting qualification had been acquired within the specified period.
JUDGMENT
1. Heard Sri T. Vijay Hanuman Singh, learned counsel for the petitioner and Sri M. Srinivas Rao, learned Assistant Government Pleader for respondent Nos.1 to 3 and perused the material on record.
2. The petitioner's husband Late Sri P. Vijayabhaskara Reddy, having died during the service period, the petitioner was appointed as Typist under the scheme of Compassionate Appointment vide the proceedings of the Collector, Anantapur in Rc.No.A3/1396/2008 dtd. 18/8/2010. The petitioner had passed intermediate and was having Lower Grade in Typewriting-Telugu at the time of her appointment. The appointment was with a condition to complete Typewriting Higher grade in Telugu within two (02) years from the date of appointment order. The petitioner joined on 26/8/2010 and continued as typist, however she could not complete the Typewriting Higher Grade in Telugu within the specified period of two (02) years.
3. The petitioner was served with a Show Cause Notice, vide Rc.No.A2/5939/2016 dtd. 26/11/2016, to offer the explanation as to why she should not be reverted to the lower rank i.e., the post of attender/office subordinate for not acquiring the requisite qualification (i.e., Telugu Typewriting Higher Grade) within time to which she submitted reply on 21/12/2016, explaining the compelling circumstances under which she could not acquire the qualification of Typewriting Higher Grade in Telugu and requested for conversion of her post to Junior Assistant. However, no orders were passed pursuant to the Show Cause Notice and the petitioner continued as typist.
4. In the meantime, on 13/4/2017, the petitioner acquired the requisite qualification of Typewriting Higher Grade in Telugu and submitted certificate to the Tahsildar, Atmakur, who forwarded the same to the District Collector, Ananthapuramu/R3, vide Rc.C/222/2017, to consider the petitioner's case sympathetically, declaring her probation from the date of acquiring the requisite qualification to enable her to get annual periodical increments.
5. The petitioner received Final Notice bearing Rc.No.A2/5939/2016 dtd. 8/5/2019, directing the petitioner to submit her willingness to take the lower post of attender/office subordinate within one week failing which, it provided that it shall be construed that there were no compelling reasons of poverty and the petitioner should be discharged from the service.
6. The petitioner filed her reply on 20/5/2019, submitting that the Final Notice dtd. 8/5/2019 was issued without taking into account that the petitioner acquired requisite qualification in the year 2017 and in respect thereof the certificate was already submitted and duly recorded in her service book. After acquiring the requisite qualification the Final Notice should not have been issued. She submitted that she was holding the basic qualification of intermediate prescribed for the post of Junior Assistant and in spite of the fact that many vacancies of Junior Assistant post were existing, she was not given appointment on such post but was given appointment in the post of Typist with condition imposed to acquire qualification of Typewriting Higher Grade Telugu.
7. The petitioner filed present Writ Petition No.6715 of 2019, challenging the final notice.
8. Vide interim order dtd. 27/6/2019, the impugned Final Notice was suspended and on 28/11/2019, the interim order was extended until further orders. The petitioner is continuing in the post of Typist.
9. Sri T. Vijay Hanuman Singh, learned counsel for the petitioner submits that after the petitioner acquired the qualification of Telugu Typewriting Higher Grade in the year 2017 during her service as typist, though after prescribed years, but as any final order was not passed pursuant to the first notice dtd. 26/11/2016, the issuance of the Final Notice is illegal and cannot be sustained. The Respondent No.3 ought to have considered that the petitioner possessed the requisite qualification for the post of typist on the date of issuance of the Fin
The issuance of a final notice to a dependent of a deceased Government employee, directing them to take a lower post after they have acquired the requisite qualification, is illegal and cannot be sus....
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