APHC010695102022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3208]

(Special Original Jurisdiction)

MONDAY,THE SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 900/2023 Between:

1. Y JAYASRI, JUNIOR ACCOUNTANT, DISTRICT TREASURY OFFICE, HINDU, AGED 30 YEARS, R/O NEAR DISTRICT TREASURY OFFICE, VIZIANAGARAM, ANDHRA PRADESH.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, SECRETARIAT, VELAGAPUDI, AMARAVATHI, A.P.

2. T HE DIRECTOR OF TREASURIES AND ACCOUNTS, ANDHRA PRADESH, IBRAHIMPATNAM.

3. T HE DISTRICT TREASURY AND ACCOUNTS OFFICER, DISTRICT TREASURY, VIZIANAGARAM

4. T HE DISTRICT COLLECTOR, VIZIANAGARAM ...RESPONDENT(S):

The Court made the following ORDER:

1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“to issue an appropriate writ, order or direction more particularly one in nature of writ of mandamus, declaring that the impugned Progs. Rc.No.400/A1/2022, dt.17-9-2022 issued by the Respondent no.3 as illegal, arbitrary and discriminatory and violative of Article 14, 16 and 21 of constitution of india and provisions of AP Civil Services (Classification, Control and Appeal) Rules, 199 land quash the same i.e impugned Progs. Rc.No.400/A1/2022, dt.17-9-2022 issued by the Respondent no.3 and consequently stay all further proceedings in Rc.No.400/A1/2022, dt.17- 9-2022 issued by the Respondent no.3 or orders may deem fit and proper in the circumstances of the case in the interest of equity and Justice…”

2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents.

3. The case of the petitioner is that she was appointed as Office Subordinate on compassionate grounds and was allotted to the Treasury Unit, Vizianagaram, vide proceedings dated 12.12.2013 issued by the 4^th respondent. Pursuant to the said proceedings, she was posted at the District Treasury, Vizianagaram. Subsequently, her services in the category of Office Subordinate were regularized with effect from 31.12.2013 vide proceedings dated 27.10.2024. Even prior to her appointment as Office Subordinate, the petitioner had joined a degree course through Distance Education at Sri Krishnadevaraya University, and she completed the said degree in the year 2017. Subsequently, the petitioner was temporarily promoted and appointed as Junior Accountant from the category of Office Subordinate vide order dated 01.03.2017, and she was posted as Junior Accountant in the Sub-Treasury, Bobbili. However, as the services of the petitioner were not regularized in the said post and her name was not included in the seniority list, she addressed a letter to the 2^nd respondent on 07.07.2018 requesting appropriate action. Since no action was taken, the petitioner approached this court by filing Writ Petition No.5323 of 2022. Surprisingly, after filing the said writ petition, the respondents initiated departmental proceedings against the petitioner by issuing the impugned charge memo dated 17.09.2022 along with Annexure-I containing the Articles of Charges, which read as follows:

Charge No.1: That Smt. Y. Jayasri, Junior Accountant, District Treasury, Vizianagaram, failed to obtain permission from the competent authority for pursuing studies to acquire a Degree qualification, which is a mandatory requirement under the Government Orders. By doing so, she allegedly violated the prescribed procedure and showed gross negligence in the discharge of her legitimate duties, thereby contravening Rule 3 of the APCS (Conduct) Rules, 1964 Charge No.2: That the said Smt. Y. Jayasri failed to obtain permission from the competent authority for attending examinations while pursuing her Degree qualification, which is required for Government employees under the relevant Government Orders. Such conduct is alleged to amount to negligence in the discharge of duties and is stated to be in contraventi