IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
CHALLA GUNARANJAN, J.
Duvvi Vinay Satya Kumar and others - Appellant
Vs.
State Of Andhra Pradesh and Others - Respondent
Writ Petition Nos.4222, 4221, 4223, 4234, 4239, 4242, 4243 & 6320 Of 2023
Decided On : 18-06-2025
| Table of Content |
|---|
| 1. overview of common issue in writ petitions. (Para 1 , 2) |
| 2. petitioner's argument on regularization based on qualifications. (Para 3 , 5) |
| 3. details of petitioners' qualifications and conditions of appointment. (Para 4 , 8) |
| 4. conditions for appointment under compassionate grounds. (Para 10 , 11) |
| 5. legal precedent on qualification requirements and relaxation. (Para 12 , 15 , 16) |
| 6. court's decision on the relaxation of qualifications. (Para 13 , 14 , 17) |
| 7. court orders a favorable conclusion for petitioners. (Para 18) |
ORDER:
CHALLA GUNARANJAN, J.
All these writ petitions raise common issue that of non-regularization of services in the cadre of Typist for not possessing technical qualification of Typewriting Telugu Higher Grade, therefore, the same are heard and disposed together.
2. Heard Sri K.Bheema Rao, learned counsel for petitioners in W.P. Nos.4222, 4221, 4223, 4234, 4239, 4242 & 4243 of 2023, M/s.Leo Law Associates, representing for petitioner in W.P. No.6320 of 2023 and Sri Raju, learned Assistant Government Pleader for Services – I, representing the respondents.
3. W.P. No.4222 of 2023 is treated as lead case for the purpose of deciding these matters. Aforesaid writ petition is filed seeking following relief:
“to declare the action of the respondents in not regularizing the services of the petitioner in the cadre of Typist and not release the periodical increments other benefits despite of possessing technical qualifications such as Typewriting Higher Grade Telugu as well as English including Advanced Diploma Computer Application course on the untenable grounds that the petitioner not acquired the Typewriting qualifications within prescribed period mentioned in his appointment order and belatedly acquired said qualification is as highly illegal, arbitrary, discriminatory and contrary to the Divisional Bench Judgment of this Hon’ble Court in W.P. No.11321/2019, dated 14.08.2019 in the same subject matter and contrary to various GOs issued by the Government and consequently direct the respondents to regularize the services of the petitioner with effect from his date of joining into duty as Typist with all consequential benefits without taking account of passing Typewriting Qualifications beyond prescribed period and pass such other orders.”
4. (a) Petitioner in the aforesaid writ petition possessed P.G. Diploma in Computer Applications (PGDCA), which he acquired in the year 2012. Petitioner has been appointed as Typist in the office of Tahsildar, Paderu, in the existing vacancy on compassionate basis by proceedings Rc.No.627/2012/A2, dated 18.05.2013, issued by 2nd respondent. In terms of aforesaid appointment, petitioner had to fulfill various conditions, one of the same being that of acquiring Typewriting Telugu Higher Grade within two years from the said date of appointment. Petitioner came to acquire aforesaid technical qualification of Typewriting Telugu Higher Grade only on 29.12.2021. As petitioner has not acquired aforesaid technical qualification, period of probation was not declared, and therefore, the services of the petitioner have not been regularized.
(b) Petitioner seek relaxation of the requirement of possessing Typewriting Telugu Higher Grade by placing reliance on G.O.Ms.No.116, General Administration (SER.B) Department, dated 29.02.2008, G.O.Ms.No.68, Finance (Admn.III) Department, dated 11.03.2010 and G.O.Ms.No.78, Finance (Admn.III) Department, dated 25.03.2010, issued by 1st respondent wherein various similarly situated persons who were appointed on compassionate ground were regularized in service upon relaxing the requirement of passing Typewriting Telugu Higher Grade. Petitioner also claims that in view of acquisition of technical requirement of Typewriting Telugu Higher Grade, petitioner’s services are to be regularized by declaration of probation.
5. (a) 3rd respondent filed counter on behalf of respondents inter alia stating that as per G.O.Ms.No.612, General Administration (Services – A
The court affirmed that additional qualifications and evolving office technology warrant the relaxation of outdated typewriting requirements for regularization of compassionate appointees.
The court established that qualifications can be relaxed based on practical job requirements and previous judicial decisions.
Regularisation in service requires a regular sanctioned post, and the court cannot direct regularisation or grant benefits payable to regular employees.
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....
The government servant is entitled to salary and other service benefits attached to the post only from the date of appointment and not prior to the said date of appointment.
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