APHC010474532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3208]

(Special Original Jurisdiction)

TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 24117/2025 Between:

R V Subbarao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. AVADESH NARAYAN SANGHI Counsel for the Respondent(S):

1. GP FOR SERVICES II The Court made the following:

ORDER:-

This Writ Petition is filed under Article 226 of the Constitution of India seeking to declare the action of the respondent in not considering the case of the petitioner for promotion to the post of Office Superintendent by taking into consideration of his date of promotion as Senior Assistant i.e w.e.f 09.06.2013 as illegal and arbitrary and unconstitutional and consequently direct the respondents to consider the case of the petitioner for promotion to the post of Office Superintendent in terms of Rule 33 of A.P. State and Subordinate Service Rules.

2. The petitioner was appointed as Junior Assistant on 13.04.1993 on compassionate grounds. As he could not pass the basic test in terms of Rule 16(H) of A.P. State and Subordinate Service Rules as the petitioner has completed 45 years of age. Accordingly, he was exempted from passing the requisite tests. Considering the same, he was promoted to the post of Senior Assistant on 09.06.2013 and his probation was also declared in the said category.

3. As per the rules, the petitioner has to pass revenue accounts tests during the service. Accordingly, he has passed all the requisite tests and fully eligible and qualified for further promotion to the post of Office Superintendent. Accordingly, as he has qualified all the requisite departmental tests and fully eligible to consider for the post of Office Superintendent as per the seniority list instead of considering and effecting the promotion to the petitioner, the 3^rd respondent has sought clarification vide proceedings dated 29.08.2025 with regard to the exemption of the individual from passing of departmental tests is in accordance with rules, his services shall be regularized and seniority shall be fixed from the date of joining in the post of senior assistant as per Rule, 33 of A.P. State and Subordinate Service Rules, 1996 (for short, “the Rules, 1996), irrespective of date of passing of departmental test. More specifically Rule 17(b) and 18(b)(ii) of the Rules, 1996 for better appreciation, both the provisions are extracted below:

“17. Suspension, termination or extension of probation:-

(b) In the case of any probationer failing to pass the tests or acquire the prescribed qualifications, the appointing authority may extend his probation to enable him to pass the prescribed tests or acquire special qualifications, as the case may be. Such extension by the appointing authority shall not exceed one year, whether on duty or otherwise in such service, class or category

18. DECLARATION OF PROBATION (b) (ii) If no order as referred to in sub-rule (a) is issued within one year from the date of expiry of the prescribed or extended period of probation, the probationer shall, subject to other provisions of these rules, be deemed to have completed satisfactorily his probation with retrospective effect from the date of expiry of the prescribed or extended period of probation and a formal order to that effect may be issued for purpose of record.

Provided that nothing in this sub-rule shall apply to a probationer who has been communicated a memorandum of charges during the prescribed or extended period of probation or who has failed to acquire the special qualifications or to pass the special tests, if any prescribed in the special rules or to acquire such other qualifications, as may be declared by the State Government or by the appointing authority with the approval of the State Government, to be equivalent to the said special qualifications or special tests, within the said per