HON’BLE MRS. JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.14023 OF 2023

ORDER:

Heard Sri Arvind Kumar Kata, learned counsel

appearing on behalf of the petitioners, learned Assistant Government Pleader for Services-I I , appearing on behalf of respondent Nos.1 and 2 and Sri. K. Pradeep Reddy, learned Standing Counsel for TS Zilla Parishads,

appearing on behalf of the respondent No.3.

2. The petitioners filed the writ petition seeking the

following relief

“…to issue a Writ, order or direction more particularly one

in the nature of Writ of MANDAMUS:-

(a) By declaring the entire action of the respondents, in not regularizing the services of the petitioners and not declaring probation in the cadre of Typist and also not releasing periodical increments and other allied benefits, despite of possessing B.Sc (Computers) by the 1^st petitioner and B.Tech (Computers) as well as PGDCA by the 2^nd petitioner, on the untenable ground that, the petitioners did not acquire typewriting qualification mentioned in the orders of appointment other way issuing impugned Memo.No. PRRD-MZET/1/29/2021- dated 19.07.2022 by the 1^st respondent and consequential show cause notice No.A2/1858/2020 dated 20.03.2023 by the 3^rd respondent (which is not implemented as to today) is as highly illegal, arbitrary,

discriminatory, and contrary to the Division Bench judgment of the Hon’ble Court in WP No.11321/2019, dated 14.8.2019 r/w recent judgment dated 16.04.2021 in WP No.17966/2020 including orders in OA No. 2201/2014, dated 02.09.2014 r/w recent orders of relaxation issued in G.O.Ms.No.1, BCW (A) Dept. dated 04.01.2022 of the Govt. in the same subject matter and contrary to various orders issued by the Govt., in the similar subject matter, and set aside the above impugned memo dated 19.07.2022 of the 1^st respondent and consequential show cause notice dated 20.03.2023 of the

3^rd respondent.

(b) And consequently to direct the respondents to forthwith regularize the services of the petitioner w.e.f their date of joining into duty as Typist and also declare probation with all consequential benefits, such as seniority, pay fixation and other allied benefits without insisting for passing of technical qualification of Typewriting Higher Grade both Telugu and English, without reference to the present impugned orders issued in Memo No. PRRD-MZET/1/29/2021, dated 19.07.2022 by the 1^st respondent and consequential show cause notice No. A2/1858/2020, dated 20.03.2023 of the 3^rd respondent in view of similar relaxation orders which was granted in favour of certain class of employees vide G.O.Ms.No.116 GA (Ser.B) Dept. dated 29.2.2008, G.O.Ms.No.68, dated 11.03.2010 and G.O.Ms.No.1 BCW (A) Dept. dated 04.01.2022 as well as possessing of B.Sc (Computers) by the 1^st petitioner and B.Com (Computers) along with PGDCA by the 2^nd petitioner, in view of law laid down by this Honble Court in WP No.11321/2019, dated 14.8.2019, r/w recent orders dated 16.04.2021 in WP No.17966/2020 and order in OA No. 2201/2014, dated 2.9.2014 of the erstwhile APAT in the same subject matter and to pass..”

3. The case of the petitioners in brief, is that insofar as 1^st petitioner is concerned, the 1^st petitioner had been appointed as Typist vide order dated 28.03.2018 of the 3^rd respondent on compassionate grounds in place of 1^st petitioner’s deceased husband, who passed away on 04.06.2016 in harness while in service. Whereas the 2^nd petitioner is concerned, the 2^nd petitioner’s been appointed as Typist vide order dated 01.08.2018 of the 3^rd respondent on medical invalidation in place of 2^nd petitioner’s father. Both the petitioners had been appointed with a condition that both the petitioners should acquire Typewriting Higher Grade both in English and Telugu within the stipulated time as per G.O.Ms.No.612 dated 30.10.1991 and posted to the office of Mandal Praja Parishad. Both the petitioners joined in duty on 28.03.2018 and 01.08.2018 and the Government had taken a decision relaxing acquisition of qualification