THE HON’BLE SRI JUSTICE P.SAM KOSHY AND THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA WRIT PETITION NO.19187 OF 2023 ORDER:(per Hon’ble Sri Justice Narsing Rao Nandikonda)

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “to issue a Writ, Order or Direction particularly one in the nature of Writ of Mandamus declaring the impugned Circular Roc.No. 4547/94C.3, dated 08.01.1996 issued by the 1^stRespondent and the impugned Proc. order Dis. No.101/Admn./2022, dated 06.01.2022 issued by 2^ndRespondent, and impugned letter under File No. A2/2991/2022, dated 27.02.2023 by 4^thRespondent rejecting the Petitioner’s request for pay protection from the past service in Government service under F.R 22(a)(iv), contrary to Fundamental Rules, as illegal, without jurisdiction, violative of Article 14, 16 and 300-A of the Constitution of India and consequently set aside the same directing the Respondents to fix the pay of the Petitioner as per F.R 22(a)(i)v by taking his last pay drawn in Judicial department in the post of Typist with all consequential benefits and reliefs…”

2. The brief facts of the case are that the petitioner herein was originally appointed as Typist by way of direct recruitment under Notification No.5/2016 vide Dis.No.427/2016, dated 23.01.2016 in the A.P. Judicial Ministerial Services in the Unit of Principal District and Sessions Court, Medak at Sangareddy. Thereafter, he was issued posting orders appointing him before the Judicial Magistrate of First Class, Excise Court, Sangareddy, as a Typist and later his probation was declared vide order Dis.No.3184/Admn./2019, dated 19.07.2019. Pursuant to the Notification No.10/2018, dated 02.06.2018 issued by the Telangana State Public Service Commission (TSPSC) notifying the vacancies under Group –IV, the petitioner herein applied for the post of Typist. The petitioner appeared for examination, qualified and got selected as Typist and thereafter, respondent No.4 issued appointment order, dated 31.12.2020 appointing the petitioner as Typist giving 30 days time for joining.

3. Pursuant to the said appointment order, the petitioner submitted his resignation before respondent No.2 on 05.01.2021, requesting respondent No.2 to relieve him so as to facilitate his joining in the Revenue Department. Respondent No.2 accepted his resignation on 06.01.2021 and relieved him from the post of Typist considering the circumstances stated i.e., reason for resignation i.e., joining of petitioner in another post. It is further stated that the petitioner made a representation before respondent No.2, dated 29.11.2021 requesting him to pass orders permitting continuation of past service and to convey to the Revenue Department to avail consequential benefits, such as pay fixation, carry forward of leaves, pension, service count etc. to be continued to the present post i.e., Typist in terms of Rule 26 of the Andhra Pradesh Revised Pension Rules 1980 (for short, ‘the Rules,1980’). But, the same was rejected by respondent No.2 by issuing proceedings Order Dis.No.101/Admn./2022, dated 06.01.2022 by referring to impugned Circular Instructions, dated 08.01.1996, issued by the High Court.

4. Being aggrieved by the same, the present writ petition has been filed by the petitioner on the ground that the action of respondent No.2 in rejecting the request of the petitioner from relieving him from the post of Typist and driving him to submit resignation as per the Circular Instructions of respondent No.1, is contrary to the Andhra Pradesh Fundamental Rules and depriving him for the service rendered in the Judicial Department and thereby denying his pay protection. He further contended that in similar circumstances G.O.Rt.No.564, Revenue (Services-III) Department, dated 06.04.2009 was issued directing the respondents concerned to allow pay protection under FR 22 (a) (iv) w.e.f 01.07.1984 in the cadre of Junior Assistant by A.P. Revenue Department. It is further s