Alteration of regularization dates after significant delay and without notice violates principles of natural justice, rendering such actions arbitrary and illegal.

ORDER :

1. This writ petition is filed declaring the proceedings vide R.C.No.A2/1222/2018-1 dated 03.02.2023 and RC.No.A2/1222/2018 dated 14.06.2023 issued by 3^rd Respondent by revising the dates of completion of probation and regularization by cancelling dates of declaration of probation and regularization issued earlier and ordered for recovery of excess amount paid and the consequential memo in RC.No.Spl/A1/2023 dated 19.06.2023 issued by the 4^th Respondent and the 2^nd Respondent informing the rejection by the Government vide Memo No.FIN02-11036/39/2023-A SEC-DTA dated 01.09.2023 as arbitrary and illegal.

2. The facts leading to the filing of the writ petition are as under:

The Petitioner was appointed as Junior Accountant on compassionate grounds and allotted to District Treasury Office vide proceedings RC.No.4665/10-B5 dated 09.10.2010 with a condition that the Petitioner should acquire certificate course of computers within a period of two years from the date of joining.

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The Petitioner accordingly reported to duty on 05.01.2011 and had appeared for the Office Automation Examination held on 14.07.2011 and was successful. The State Board of Technical Education and Training had issued certificate of pass in the course in computers in Office Automation on 16.12.2011 and the Petitioner acquired the qualification as mentioned in the appointment order within the time stipulated.

3. Accordingly, the probation of the Petitioner in the cadre of Junior Accountant was declared on 13.07.2013 and the service was regularized with effect from 14.07.2011 i.e. the date on which the Petitioner had appeared for the examination as stipulated in the appointment order. On the basis of date of regularization in the post of Junior Accountant, the Petitioner was further promoted as Senior Accountant on 03.09.2013 and probation in the cadre of Senior Accountant was also declared on 30.08.2013 and his services in the said cadre were regularized with effect from 01.10.2013.

4. After completion of six (6) years of service as Senior Accountant, the Petitioner was also entitled for an increment under Automatic Advance Scheme and on account of the same, the Petitioner was appointed in the Special Grade Post of Senior Accountant vide proceedings dated 17.10.2022 and the pay scale was accordingly fixed. While so, Respondent No.2 instructed Respondent No.3 to revise the date of regularization of the Petitioner in the cadre of Junior Accountant as per G.O.Ms.No.151 GA (SERVICES-G) Department dated 22.06.2004 and the Clarificatory Instructions dated 26.11.2013 on the basis of a representation by a colleague Senior Accountant in Sub-Treasury Office, Sattenapalli.

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5. Respondent No.3, without putting the Petitioner on prior notice, cancelled the regularization and orders were issued on 08.01.2013 and reassigned the regularization date as 22.10.2011 and date of probation as 21.10.2013 in the cadre of Junior Accountant by adopting the date of declaration of Office Automation Examination instead of appearing for the examination. Consequently, the date of promotion in the cadre of Senior Accountant was also modified and the Petitioner was also issued a memo on 19.06.2023 calling upon him to pay the excess paid amount in salary of Rs.2,05,707/-. Hence, the present writ petition is filed.

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6. In the counter affidavit filed by Respondents, it was pleaded that the date of regularization was taken from the date of declaration of results of examination, i.e. 22.10.2011, as per G.O.Ms.No.151 dated 22.06.2004, instead of date of appearance in the certificate course in computer examination. It is stated that the regularization of services of Petitioner from the date of appearing of the examination instead o