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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Ravi Nath Tilhari, J.
C. Narasimhulu, Son of Narasimhulu – Petitioner
Versus
The State of Andhra Pradesh, Represented by its Special Chief Secretary, Water Resources Department and ors. – Respondents
Writ Petition No. 23363 OF 2021
Decided On : 25-02-2022
Regularization - Typist - Rule 14 of the Ministerial Service Rules, 1998 - Rule 31 of the Andhra Pradesh State Subordinate Services Rules 1996 - The court dismissed the writ petition seeking regularization of the petitioner as a Typist and absorption as a Junior Assistant, citing the petitioner's failure to acquire the requisite qualifications and the absence of relaxation granted by the competent authority. The court emphasized that the power to relax rules lies with the government and cannot be directed by the court. The judgment highlighted the importance of adhering to the rules and regulations and the discretion of the competent authority in granting relaxation.
Fact of the Case:
The petitioner sought regularization as a Typist and absorption as a Junior Assistant, citing his appointment under the displaced persons quota and his inability to acquire the requisite qualifications within the stipulated time. The court dismissed the petition, emphasizing the petitioner's failure to meet the qualifications and the absence of relaxation granted by the competent authority.
Finding of the Court:
The court found that the petitioner's failure to acquire the requisite qualifications and the absence of relaxation granted by the competent authority were key factors in dismissing the petition. The court emphasized the importance of adhering to the rules and regulations and the discretion of the competent authority in granting relaxation.
Issues: The key issues revolved around the petitioner's eligibility for regularization as a Typist and absorption as a Junior Assistant, considering his failure to acquire the requisite qualifications and the absence of relaxation granted by the competent authority.
Ratio Decidendi: The court's decision was based on the petitioner's failure to meet the qualifications and the absence of relaxation granted by the competent authority. The judgment emphasized the importance of adhering to the rules and regulations and the discretion of the competent authority in granting relaxation.
Final Decision: The writ petition lacked merit and was dismissed, with the court emphasizing the petitioner's failure to meet the qualifications and the absence of relaxation granted by the competent authority. The court highlighted the importance of adhering to the rules and regulations and the discretion of the competent authority in granting relaxation.
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:-
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 2020 dated 16.04.2021.
9. Sri Y. Srinivas Rao, Learned Assistant Government Pleader for Services-II submit
The judgment emphasized the importance of adhering to the rules and regulations and the discretion of the competent authority in granting relaxation.
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 Auth....
The court established that qualifications can be relaxed based on practical job requirements and previous judicial decisions.
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