IN THE HIGH COURT OF ANDHRA PRADESH :

AT AMARAVATI

***

Writ Petition No.33608 of 2013

Between:

Smt. Y. Lillibai, W/o.G. Yellaji Rao, Aged 38 years, Senior

Assistant, District Police Office, Srikakulam District.

…. Petitioner

And

1) The State of Andhra Pradesh, rep. by its Principal Secretary

to Government, Home Department, A.P. Secretariat,

Hyderabad – 500 022 & Three others.

….Respondents.

Date of Order pronounced on : 12.07.2022

THE HON’BLE SRI JUSTICE C. PRAVEEN KUMAR

AND

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

1. Whether Reporters of Local newspapers : Yes/No

may be allowed to see the judgments?

2. Whether the copies of judgment may be marked : Yes/No

to Law Reporters/Journals:

3. Whether the Lordship wishes to see the fair copy : Yes/No

of the Judgment?

___________________________________

JUSTICE C. PRAVEEN KUMAR

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W.P.No.33608 of 2013

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* THE HON’BLE SRI JUSTICE C. PRAVEEN KUMAR

AND

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

+ Writ Petition No.33608 of 2013

% 12.07.2022

Between:

# Smt. Y. Lillibai, W/o.G. Yellaji Rao, Aged 38 years, Senior

Assistant, District Police Office, Srikakulam District.

…. Petitioner

And

$ 1) The State of Andhra Pradesh, rep. by its Principal

Secretary to Government, Home Department, A.P.

Secretariat, Hyderabad – 500 022 & Three others.

….Respondents.

! Counsel for the Petitioner(s) : Smt. K. Rajya Lakshmi.

Counsel for the Respondents : 1) G.P. for Services-I

For Respondent Nos.1

and 2.

2) Dr. Majji Suri Babu,

Learned counsel for

Respondent No.3.

<Gist :

>Head Note:

? Cases referred:

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W.P.No.33608 of 2013

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THE HON’BLE SRI JUSTICE C.PRAVEEN KUMAR

AND

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

Writ Petition No.33608 of 2013

ORDER:- (per the Hon’ble Sri Justice C. Praveen Kumar)

Challenging the order in O.A.No.6167 of 2010, dated

05.12.2012 and the order in Review M.A.No.510 of 2013 in

O.A.No.6167 of 2013 dated 08.11.2013 passed by the A.P.

Administrative Tribunal, Hyderabad, the present Writ Petition

is filed.

2. The facts, which lead to filing of present Writ Petition,

are as under:-

(a) The petitioner herein who belongs to Scheduled

Caste, was appointed as Junior Assistant on 06.04.1993 on

compassionate grounds, with a condition that she should

acquire her Intermediate qualification within a period of two

years and should also acquire her degree qualification within

a period of five years from the date of her appointment on

compassionate grounds. The petitioner is said to have

passed her degree examination in the month of December,

1997, but the University issued the Provisional Certificate in

the month of May, 1998.

(b) While things stood thus, the Government issued

G.O.Ms.No.60 G.A.(Ser.A) Department dated 11.02.1997

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directing regularization of services from the date of acquiring

qualification. A provisional seniority list was drawn in the

cadre of Junior Assistants and Typists as on 01.01.2008,

wherein, the name of the petitioner herein was shown at

Serial No.12, while the name of the respondent no.3 herein

was shown as Serial No.10 and the same was confirmed in

the Final Seniority list.

I It is said that another seniority list was also drawn as

on 01.01.2010 showing the same position. Pursuant thereto,

respondent no.3 made an application seeking revision of final

seniority list. Objections were called for and thereafter the

seniority list was revised, taking the date of appointment as

criteria for fixing seniority instead of date of acquiring

qualification mainly on the ground that subsequent

Government Order i.e. G.O.Ms.No.151 dated 22.06.2004 is

prospective in nature. The said revision of seniority came to

be challenged before the Tribunal in O.A.No.6167 of 2010

and the same was allowed holding that the seniority of the

petitioner could not have been f ixed from the date of

appointment and instead it should have been done from the

date she acquired qualification and accordingly the petitioner

was reverted. Challenging the same, the present Writ

Petition came to be filed.

3. Smt. K. Rajya Lakshmi, learned counsel for the

petitioner mainly submits that when the petitioner has

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obtained the required qualification for the post of Junior

Assistant (appointed on compassionate grounds) within the

time prescribed and when a right is accrued to her in terms

of G.O.Ms.No.60 dated 11.02.1997, the Tribunal erred in

taking the contents of the subsequent G.O. into

consideration. In other words, her argument is that though

the Marks Memo and the Graduation Certificate i.e. Bachelor

of Arts itself clearly indicate that the petitioner has passed

her degree examination in the month of December, 1997, she

cannot be found fault with, if the Andhra University issues

Provisional Certificate, at a belated stage. Having regard to

the above, she would contend that G.O.Ms.No.151 cannot be

given a retrospective effect.

4. On the other hand, Dr.Majji Suri Babu, learned counsel

for the respondent no.3 opposed the same, contending that

initially, the petitioner did not acquire the requisite

qualification of Intermediate within three years and she was

given further period of two years for acquiring requisite

qualification as per G.O.Ms.No.969 dated 27.10.1995. But,

she did not acquire her Intermediate or Degree qualification

till 02.03.1998.

(a) It is further stated that the petitioner herein filed

O.A.No.1788 of 1998 on 02.04.1998, requesting the Court to

continue her in the same post till such time she acquires the

required educational qualification. While disposing of the

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said O.A., the Tribunal directed the petitioner to give a

detailed representation to the Government for extension of

time to acquire requisite qualification. On her representation,

the Government vide G.O.Rt.No.1213 Home (Police-A) Dept.,

dated 20.05.1998 permitted the petitioner to continue her for

one more year beyond 05.04.1998 i.e. upto 04.04.1999 as a

last chance to acquire educational qualification within the

time allowed. Subsequently, the petitioner submitted her

B.A. Degree Provisional Certificate dated 18.05.1998 vide

Regd.No.11170 of Andhra University.

(b) Basing on the above document, she was kept on

probation from 18.05.1998 i.e., the date of acquiring the

requisite qualification. Having regard to the above, the action

of the authorities in placing the petitioner at Serial No.12 in

the Seniority List of Junior Assistants and Typists in District

Police Office, Srikakulam cannot be found fault with. Later

on, the Seniority List of the petitioner came to be changed

basing on the representation made and in view of

G.O.Ms.No.60 G.A. (Service-A) Dept. dated 11.02.1997,

which came to be challenged in O.A. and that the order

passed in O.A. which is based on reasons, warrant no

interference in this Writ Petition.

5. From the above, it stands established that the

petitioner herein was appointed as Junior Assistant on

compassionate grounds in the year 1993 with a condition

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that she should obtain Intermediate qualification within a

period of three years and Degree qualification within a period

of five years. Counter filed by the respondent no.3 would

clearly indicate that the petitioner herein filed O.A.No.1788 of

1998 before the Tribunal, requesting the Tribunal to continue

her in the same post till she acquires educational

qualification. The petitioner was given an opportunity to

make a representation to the concerned for extension of time

to acquire requisite qualification. Pursuant thereto, the

petitioner made a representation which lead to issuance of

G.O.Rt.No.1213 Home (Police-A) Dept. dated 20.05.1998

permitting the petitioner to continue her for one more year

beyond 05.04.1998 and as a last chance to acquire the

requisite educational qualifications within the time allowed.

Even as per the counter, the petitioner is said to have

produced her B.A. Degree Provisional Certificate on

18.05.1998, which is well within the time prescribed in

G.O.Rt.No.1213 Home (Police-A) Dept. dated 20.05.1998.

6. Apart from that, it is also to be noticed here that the

petitioner herein has placed on record the Marks Sheet

issued by Andhra University. Column No.2 of the Marks

Sheet, discloses the month and year of passing, which shows

that the petitioner herein passed her examination in the

month of December, 1997. Therefore, she has completed her

degree within a period of five years granted by the authority.

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If really, there was some delay in producing the Provisional

Certificate, the petitioner cannot be found fault with, as the

University issued the Provisional Certificate on 18.05.1998.

Therefore, it can be held without any doubt that the

petitioner herein has completed her degree in the month of

December, 1997 itself. Even otherwise, production of

provisional certificate issued by Andhra University on

18.05.1998 is well within the time prescribed in the G.O.

7. The next question would be whether G.O.Ms.No.151

dated 22.06.2004 is prospective or retrospective in

operation?

8. In order to appreciate the same, it would be appropriate

to refer to G.O.Ms.No.60 dated 11.02.1997, which reads as

under:-

“5. The Government after careful examination hereby direct

that the candidate appointed conditionally, from 30.10.1991,

i.e., from the date of issue of the G.O.Ms.No.612, General

Administration (Ser.A) Department dated 30.10.1991, under the

scheme of Compassionate appointments to the dependents of

deceased Government Employees, with a condition to acquire

the minimum Educational/Typewriting qualification, prescribed

for the post in which they are appointed within the prescribed

periods, shall be temporary to start with and their services shall

be regularized duly placing them on probation from the date of

their initial appointment, if they acquire the requisite

Educational/Typewriting qualification prescribed for the post, to

which they are appointed within the prescribed periods

specified in the G.Os first to fourth read above.”

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9. It would also be appropriate to refer to G.O.Ms.No.151

dated 22.06.2004, which is as under:-

“2. According to Rule 12 of A.P. State and Subordinate

Services Rules, the person to be appointed to the Public Service

by direct recruitment shall possess the requisite qualification for

the post to which he or she is appointed. The Compassionate

appointment is by direct recruitment. The orders issued in the

G.O. fourth read above are contrary to the above rule position. In

several cases, the inter-se-seniority could not be finalized as the

persons appointed on compassionate grounds subject to

acquiring such qualification, are acquiring the qualification at a

much later date. Whereas the persons appointed as per Rules

by other methods of appointment namely; by direct recruitment

and by promotion / by transfer are fully qualified. Keeping this

in view, the orders issued in the G.O. fourth read above have

been reviewed and it is decided to consider the regularization of

services of the persons appointed on compassionate grounds

and subject to acquiring qualification, only from the date of

acquiring the qualification fully for the post to which they have

been appointed.”

A reading of the above two G.Os., would show that in Para.5

of G.O.Ms.No.60, for the words “from the date of initial

appointment”, the following words came to be substituted:-

“from the date of acquiring such qualification fully”.

10. G.O.Ms.No.151 only amends G.O.Ms.No.60 dated

11.02.1997. It does not say that the acts done under

G.O.Ms.No.60 gets superseded or set aside or abrogated in

view of G.O.Ms.No.151. The fact that G.O.Ms.No.60 dated

11.02.1997 was in force at the time when the petitioner

completed her degree [extended time approved by the

authority] is not in dispute. Applying G.O.Ms.No.60, the

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Superintendent of Police, (basing on the representation made

by the petitioner herein) fixed the seniority of the petitioner

above respondent no.3, which came to be set aside by the

Tribunal, though G.O.Ms.No.60 was in force at the time when

the petitioner obtained the requisite qualification for the post

of Junior Assistant. It is to be noted that a vested right is

acquired by the petitioner which cannot get altered by

issuance of a subsequent G.O. amending the earlier G.O.,

more so, when it does not say that the acts done under the

said G.O. get wiped out or superseded. Infact, G.O.Ms.No.60

issued fixing the seniority from the date of appointment, was

never challenged before any forum and it remained in force

till it was amended by G.O.Ms.No.151. Merely because, the

subsequent G.O. which was issued six years later, tried to

correct the difficulties faced in fixing the seniority from the

date of acquiring the qualification, in our view, does not wipe

out the earlier acts done in fixing the seniority from the date

of appointment, more so, when the qualifications for the said

post were obtained within the permitted time. It may be true

that final seniority list was prepared much later by the

authorities, but that cannot be a ground to alter the seniority

by applying G.O.Ms.No.151 issued in the year 2004.

11. One other ground, on which, the Tribunal found fault

with fixing of the seniority is that the petitioner did not

question the correctness of the seniority within a period of six

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months as per the Government Circulars . But it is to be

noted here that even as per the contents of the judgment, the

seniority list was issued on 01.01.2008 and 01.01.2010 and

a representation came to be made in the month of June,

2010. It is also to be noted that the petitioner gave a

representation on 18.06.2010 to the Superintendent of Police

indicating that she has acquired qualifications in the month

of December, 1997 itself and that she is entitled for

regularization from the date of her initial appointment i.e.,

from 04.04.1993, which was acted up and on 13.08.2010,

the Superintendent of Police issued instructions to the

concerned, to fix the seniority by taking into consideration

the date of joining into service. Therefore, it cannot be said

that the petitioner failed to make any representation within a

period of six months from the date of publication of seniority

list.

12. Viewed from any angle, we do not find any merit in the

order passed by the Tribunal and the same is liable to be set

aside.

13. In the result, the Writ Petition is allowed, setting aside

the Order in O.A.No.6167 of 2013 dated 05.12.2012 and

order in Review M.A.No.510 of 2013 in O.A.No.6167 of 2013

dated 08.11.2013, passed by the A.P. Administrative

Tribunal, Hyderabad. Consequently, the authorities

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concerned are directed to take steps in fixing the seniority of

the petitioner as early as possible preferably within a period

of eight (8) weeks from the date of receipt of a copy of this

order. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand

closed.

______________________________

JUSTICE C.PRAVEEN KUMAR

____________________________________________

JUSTICE VENKATESWARLU NIMMAGADDA

Date: 12.07.2022

Note: LR copy to be marked

B/o.MS

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W.P.No.33608 of 2013

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THE HON’BLE SRI JUSTICE C.PRAVEEN KUMAR

AND

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

Note: LR copy to be marked

B/o.MS

Writ Petition No.33608 of 2013

(per the Hon’ble Sri Justice C. Praveen Kumar)

Date:12.07.2022

MS