t3447 |

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE THIRTIETH DAY OF MARCH

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE P.SAM KOSHY

AND

THE HONOURABLE SR! JUST]CE NARSING RAO NANDIKONDA

-:'l

N OF

II

Mulukuri Venkata Reddv- S/o

!ltqiq!,

age_ 61 years, occ. superintendent, court of

speciat Judiciar Magistrate or rirst cti#1uobi'6ii;; trirr of cr"". under pcR

Act-

cum-lV Addl. Junior Civil

.Judge,

Khdm.ar' nyo H f.fo.+_S+, G;;'S;

-b;;;r,

Bayyaram, Mahabubabad Dishict 50721 1.

AND

.....PET!T|oNER

1. The Registrar, (Administration), High Court for the State of Telangana,

Hyderabad.

2. The Principal District and Sessions Judge, Khammam.

3. K' Trinath, superintendent, v Addr. District Judge, Khammam working on

deputation at Prl. District Court, Khammam.

-"-

4. K. Sridevi, Superintendent, I Addl. Senior Civil Judge,s Court, Khammam.

5. S. Komali, Superintendent, ll Addl. District Court, Khammam.

6. B. Nagendra Kumar, Superintendent, prl.

Junior Civil Judge,s Court,

Khammam.

7. R Srinivasa Raju, Superintendent, lll Addl. Junior Civil Judge,s Court,

Khammam.

8. Syed Mahamood pasha,

superintendent, vr Addr. District court, sathupaili.

9. M. Jyothi, Supl-.rintendent,.prl..Diskict Court, Khammam working on

deputation at Prl. Senior Civil Judge's Court,'X-nJmmam.

10.S. Nagamani, Superintendent, lll Addl. District Court, Khammam.

1 1 . K. Surendramani, Superintendent, Senior Civil Judge,s Court, Madhira.

1 2. chunchu Marreswar Rao, superintendent, r Addr. Junior civir Judge,s court,

Madhira.

I

/l

.....RESPONDENTS

Petition Under Article 226 of the Constitution of lndia praying that in the

circumstances stated in the affidavit filed therewith, the High Court may be

pleased to issue an appropriate writ, order or direction more particularly one in the

nature of Writ of ltvlandamus declaring the action of the 2nd respondent in not

considering the genuine claim of the Petitioner for declaration of Probation on the

post of Superintendent in pursuance of the Order ROC No.1985/2O24-C1

dt.16.1 .2025 iss;ued by the 1st Respondent and going on making correspondence

whether the Graduation Certificate issued by the lndian Army Dt.19.9.2003

consequent on his retirement after completing more than 15 years of services in

the Armed Forc,-.s despite of his repeated requests and in spite of Orders from the

Honble High Court vide ROC No.1985/2O24-C1 Dt.16.1 .2025 and despite of

clarifications issued in the similar issue vide G.O.Ms.No.S7 Home (General.B)

Department Dt.13.3.2001 of Government of Andhra Pradesh and proceed to fillup

existing vacancies of Senior Superintendents with Petitioners Juniors i.e., R3 to

R12 by calling lor Special Confidential Reports, Service Registers and for Oral

lnterview on 25.2.2026 vide Letters No.549 Dt.6.2.2O26 and 681 D1.13.0026

issued by the 2nd Respondent, is as highly illegal, arbitrary, unjust, improper,

colorable exercise of power, opposite to all canons of law, violative to Articles 14,

16, 19,21 and 300-A of Constitution of lndia and consequently direct the

Respondent No.2 to consider the case of the Petitioner for declaration of

Probation on the post of Superintendent and consider for Promotion to the Post of

Senior Superintendent, on par with Petitioners Juniors i.e., R3 to R12 with all

consequential benefits such as seniority among R3 to R12 in pursuance of Order

ROC No.1985/2024.C1 Dt.16.1 .2025 issued by the 1st Respondent and

G.O.Ms.No.S7 Hrrme (General.B) Department Dt.13.2.2001 and in accordance

with orders dt.21 ,2.2019 in W.P.No.1980/2019.

|.A.NO:1 OF 2026

Petition Un,Jer Section 151 CPC praying that in the circumstances stated in

the affidavit filed itt support of the petition, the High Court may be pleased to direct

the respondent no.2 to consider the representation Dt.12.11.2025 to declare the

probation of Petitioner on the post of Superintendent and also to call for and

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consider for Promotion to the Post of Senior Superintendent by suspending the

Letters No.549 D1.6.2.2026 and Lr.No.681 Ot.13.2.2026 issued by 3rd

Respondent, for Promotion to the Post of Senior Superintendents among R3 to

R12, pending disposal of main writ petition.

Counsel for the Petitioner: SRI VONJARI RAJA SHEKAR REDDY

Counsel for the Respondent Nos.1 & 2 : SRI MANOJ REDDY KESHI REDDY

Counsel for the Respondent Nos.3 & 12 : -

The Court made the following ORDER

IN THE HIGH COURT FOR TI{E STATE OF TELANGANA

AT I{YDERABAD

TI-TI' HONOURABLE SRI JUSTICE P.SAM KOSHY

AND

THI] I{ONOURABLB SRI JUSTICE NARSING RAO

NANDIKONDA

Writ Petition No.7626 of 2026

Dated: 30.03.2026

Between:

Mulukuri Venkata ReddY

AND

The Regir;trar ( Adrni nistration),

High Court tbr the State of Telangana,

l{yderabad & others.

...Respondents

ORDER, (per llon'ble Sri Justicc P.Sam Kosliy)

Heurrd Mr.V.Raja Shekar Reddy, learned counsel fbr the

petitioner and Mr.Manoj Reddy Kesireddy, learned standing

counsel for respondent Nos.l and 2. Perused the record.

2. The instant is the writ petition which has been filed by the

petitioner clairning fbr declaration of the probation period on the

post of S.rperintendent and thereafter to accept the Graduation

Certificate issuecl by lndian Army dated 19.09.2003 and treating

...Petitioner

2

him to be a Graduate, further considering his crairn fbr fiiling up

vacancy of Senior Superintendent.

3' The learned counser for the petitio,er

subrnits that duri,g

the course of trre pendency of the present writ petition before this

court, many of his juniors

has since been arso promoted and the

case of the petitioner

has been left out.

4' The respondents

seems to have not co,sider.ecr the case of

the petitioner for declaring his probation as also fbr further

prourotion on the ground that the petitioner does not have a

graduation

degrce whicrr is one of the minimurn quarification

that

is required for both confirmation of probation

as arso for the next

prornotion.

5' The contention of the petitio,er is that admittedry the

petitioner had creared his Senior schoor certificate exanrinatio,

l'rom the Director of Arrny Education and a cer-tificate in trris regard

has been duly issued by the Anny Headquarters on 27.06.2001.

He

furthel contends that on the basis of the senior Scrroor ceftificate

3

Examin,ltio' and trre subsequent serving the Indian Arry

continuc'usl1'for a period of 15 years in terms of trre office

Memora;rdum dated 12.02.19g6 ex-servicemen who are matricurate

or ex-se:rvicemen who have obtained Indian Army Speciar

certificate of Education or the corresponding certificate with l5

years of service wourd be erigible for appointment to any reserved

vacancy in Group - C post where the essential qualification

is

graduation

ancr in the prccess the Graduation certificate was arso

issued by the Office of the Indian Army on 19.09. 2003.

6. Trre petitioner arso referred to the G.o.Ms.No.57l2001

dated 13.03.200r issued by the erstwhire Government of Andhra

Pradesh deating with the reraxation of educaticnar qualification

in

respect of e:i-se'vicemen for re-emproyment

against the reserved

vacancies in the State Governrnent. For r-eady reference,

the

relevant po,ion of the said G.o.Ms., is being reproduced

hereunder:

HOME (GEN ERAL.B) DEPARTMENT

G O.Ms.No.57

dated 13.03.2001

:

:

:

2

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! r. :i .!r _.i1. I i., ...

4

I . Govt. of India, Ministry of personnel, public

Grievances & pensions

(Deptt. Of personnel

and

Trairring) New Delhi, o.M.No.l50 t52/g/g2 Estr (D)

dated 12.02.1986.

2. From the Director of Sainik Welfare,

Hyderabad Lr.No.2 2)g/gg_F I dated 3 t.0 l. I 99g.

* *:f

Government of India in trreir Notification orders were

issued r-elaxing the educational qualifications

in

rcspect of ex-servicemen for their re_employment

against rcserved posts in the central Government

Department to the categories of Group_C and Group_

D posts, which are Clerical/Accountants

etc., i.e,

Clerks, Typist, Stenos etc.

2. In the reference second read above, the

ORDER:

ln the reference

Director, Sainik Welfare

Government to implement

first read above, the

had lequested the

the orders of the

Government of India In the State of Andrrra pradesrr

relaxing the educationar quarifications in r-espect of

ex-seryicemen for their re_employment

against

reserved posts in the State Government, Government

undertakings and local bodies.

5

3. The Government after careful examination

ol'the proposals issue, the following orders.

i) The posts covered under Group-llB, Group-

lll and Group-lV which are clerical and equivalent to

Group-C and Group-D of Central Services. The

minimum general qualifications prescribed for

Grcup-C and Group-D posts of Central Services and

Gr,rup-[[B and Group-lll of State Services is Degree.

Hence all the posts covered under Group-llB and

Group-[II and Group-[V has been considered and

relzLxed by Educational qualifications in favour of ex-

sen,icernen as prescribed the education qualifications

of tiovernment of India in the reference first read

above, is a follows:-

A) For appointrnent to any reserved vacancy in

Gro,.rp-C posts a matriculate ex-servicemen (which

ternr includes an ex-seruicemen who has obtained the

lndian Army Special Certificate of Education or the

corrt:sponding Certificate in the Navy or the Air

Forc:) who has put in not less than 15 years of

Servrce in the Anned Forces of the Union may be

considered eligible for appointment of the posts for

which the essential educational qualifications

prescribed is graduation and where:"

6

7' Subsequently, learned counsel for the petitioner also relied

upon an order of the rearned Single Bench of this court in

w.P.No.l980 of 20tg which srood decided on 2r.02.2019 whereby

under similar circumstances, Iearned singre Bench dealing with

G.O.Ms.No.57 of 2001 has held as under:

"Learned counser for petitioner submits that the

issue 'whether the Graduation certificate issued by

the Armed Forces Medicar services is equivarent to

I2th class or not, fell for consideration before the

Government of India and the same was clarified by

the Ministry of Human Resources Development,

Govenrment of [ndia, vide letter dated 23.0g.2017,

that the Graduation certiricate issued by the Armed

Forces is equivalent to l2th class and subsequently,

the State Government has arso taken a poricy decision

in G'o'Ms'No.57 dared 13.03.200r to the effecr thar

some pref'erence should be given in favour of ex_

servicemen while making appointments.

Learned counsel for petitioner submits that

appropriate orders be passed in the writ petition

dirrcti,g the respondents to consider the case of the

petitioner in terms of clarification issued by the

Ministry of Human Resources Development,

Govemment of India, vide letter dated 23.0g.20t7

7

alrd also G.O.Ms.No.57 dated 31.03.2001 for

appointment to the post of Village Revenue Officer.

Learned Government Pleader appearing for

rer;pondents has contended that the case of the

petitioner would be considered in tems of

clzLrification issued by the Ministry of Human

Resources Development, Government of India, vide

letrer dated 23.08.2017 and also G.O.Ms.No.57 dated

13.03.2001 and appropriate orders rvould be passed.

l'his Couft, having considered the rival

submissions, is of the considered view that this writ

petition can be disposed of directing the respondents

to consider the case of the petitioner for appointment

to the post of Village Revenue Officer by duly taking

into account the clarification issued by the Ministry of

Hunran Resources Development, Government of

Indiir, vide letter dated 23.08.2017 and also

G.O.Ms.No.57 dated 13.03.2001 and pass appropriate

orders within a period of six weeks from the date of

receipt of a copy of this order."

8. It is based upon these G.Os., and the order passed by the

learned Sinl;le Ilench that petitioner seeks for similar trcatment be

extended so that the petitioner's probation can be confirmed as also

/

8

he can be considered for fufther promotion to the post of Senior

Superintendent.

9' on the previous date of hearing, Iearned counser for

respondent Nos.r and 2hadtaken time to seek instructions in this

regard. Today, when the matter is taken up for hearing, Iearned

counsel for respondent Nos.l and 2 submits that the Department is

still to take a decision in this regard and the matter is stil pending

consideration before the respondents so far as craim of the

petitioner is concerned.

10. on a query put to rearned counser for respondent Nos.l

and 2, there was no dispute so far as G.o.Ms.No.S7 dated

I3.03.2001 being invoked as on date inasmuch as the said G.o has

not be superseded by any other G.o., so far as t*ating of ex-

servicemen with rnatriculation and r5 years of service being treated

as a graduate. There arso was no dispute so far as the respondent

Nos.l and 2 having not passe d any orders on the administrative

side holding that G.o.Ms.No.57 dated 13.03.200r being nor

applicable upon the emproyees of rcspondent Nos.l and 2 -

9

Establishment.

There is arso no order on the judiciar

side hording

that G.Cr.Ms.No.57

dated r3.03.2001 not being appricabre upon the

employees <lf respondent

- Estabrishment. tn the absence of

anything as such, the onry inference and presumption

that can be

drawn is that G.o.Ms.No.57

dated 13.03.2001 srands squarery

applicabre even on the emproyees working under respondent

Nos. r

and 2 - Establishmenr.

I I. In the given factuar backdrop, there does not seem to be

any good reason why trre benefit/reraxation

provided

in

G'o.Ms.No.57

dared 13.03.200r shourd nor be exrendecr ro the

petitioner

arr;o. The view of this Bench arso gets fortified from an

earlier order of the learned single Bench in w.p.No.l9g0 of 2019

decided on21.02.2019.

12' rn'iew of the same, we are incrined to arow the writ

petition by setring aside the order passed by respondent

No. r dated

26.06.2024

ancr arso direct respondent

Nos. r and 2 to immediatery

consider the car;e of the petitioner at parwith his immediate junior

and consider thc case for confirmation of probation

as arso for the

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next promotional post granting him the relaxation that has been

extended by G.o.Ms.No.S7 dated r3.03.2001 subject ro rhe

petitioner fulfilling all other eligibilities and also on due scrutiny of

servlce.

13. Let the entire exercise be considered and executed within

a period of 30 days from today. The reason why this Bench is

granting a short period of 30 days for irnplementation is the fbct

that the petitioner is retiring from service on 31.05.2026 which

shows that the petitioner hardly has got around 2 months of service

left.

14. Accordingly, this writ petition is ailowed. There shall be

no order as to costs.

Consequently, miscellaneous petitions pending, if any, shall

stand closed.

SD/. P. PONNA

ISTANT

//TRUE COPYII

SECTION OFFICER

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HIGH COURT

DATED::3010312026

WP.No.7626 ot 2026

ALLOWING THE W.P

HOUT COSTS.

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