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Date of reserved for orders : 08.09.2026

Date of pronouncement : 21.09.2026

Date of uploading : 21.09.2026

APHC010419232024

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

MONDAY, THE 21

st

DAY OF SEPTEMBER 2026

PRESENT

THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI

WRIT PETITION NO: 21343 OF 2024

Between:

1. R.M.Babji, S/o. S.Manivelan, Aged about 41 years, Occ: Resurvey Deputy

Tahsildar O/o. Tahsildar, Valmikipuram Annamayya District.

...Petitioner

AND

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

Department, Secretariat Velagapudi, Guntur District.

2. The Chief Commissioner of Land Administration, APIIC IT Park, Autonagar

Mangalagiri, Guntur District.

3. The District Collector, Chittoor District.

...Respondents

Petition under Article 226 of the Constitution of India praying that in the

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

pleased to issue a Writ of Mandamus or any other appropriate Writ declaring

the action on the part of the respondents in not considering the claim of the

petitioner for regularization of services in the cadre of Typist from 21.08.2008

and rejecting the same through the proceedings ROC.ADMIN3/421893/2022.

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dated 13.10.2022 of the 3rdrespondent as illegal, arbitrary and contrary to the

rules and the instructions issued by the Government from time to time and

being violative of Article 14 and 16 of the Constitution of India and set aside

the same with a direction to the respondents to regularize the services of the

petitioner in the initial category of Typist w.e.f., 21.08.2008 instead of

26.10.2010 by taking into consideration the G.O.Ms.No.69, G.A(Ser.B)

Department, dated 24.07.2023 and the orders of this Hon'ble Court in

WP.No.17966 of 2020, dated 16.04.2021 for the purpose of granting notional

date of promotion and revision of seniority in the promotional category posts of

Senior Assistant and Deputy Tahsildar and to pass such other order or orders

as this Hon’ble Court may deems fit and proper in the circucmstances of the

case.

IA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the circumstances stated

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

direct the respondents to consider the claim of the petitioner for regularization

of services in the cadre of Typist w.e.f. 21.08.2008 by taking into consideration

the G.O.Ms.No.69, G.A (Ser.B) Department, dated 24.07.2023 and the orders

of this Hon’ble Court in WP.No.17966 of 2020, dated 16.04.2021, pending

disposal of the Writ Petition

Counsel for the Petitioner: V MAHESWAR REDDY

Counsel for the Respondents: GP FOR SERVICES I

The Court made the following order:

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THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI

WRIT PETITION NO: 21343/2024

ORDER:

The Writ Petition is filed seeking the following relief:

“pleased to issue a Writ of Mandamus or any other

appropriate Writ declaring the action on the part of the respondents in

not considering the claim of the petitioner for regularization of

services in the cadre of Typist from 21.08.2008 and rejecting the

same through the proceedings ROC.ADMIN3/421893/2022, dated

13.10.2022 of the 3

rd

respondent as illegal, arbitrary and contrary to

the rules and the instructions issued by the Government from time to

time and being violative of Article 14 and 16 of the Constitution of

India and set aside the same with a direction to the respondents to

regularize the services of the petitioner in the initial category of Typist

w.e.f. 21.08.2008 instead of 26.10.2010 by taking into consideration

the G.O.Ms.No.69, G.A(Ser.B) Department, dated 24.07.2023 and

the orders of this Hon’ble Court in WP.No.17966 of 2020, dated

16.04.2021 for the purpose of granting notional date of promotion and

revision of seniority in the promotional category posts of Senior

Assistant and Deputy Tahsildar”

2. The petitioner was appointed as Typist on compassionate

grounds on 21.08.2008 vide proceedings No.Roc.A7/8959/2007, dated

06.08.2008, issued by the 3

rd

respondent. At the time of his appointment,

petitioner possessed the qualification of M.Sc. (Chemistry) from S.V.

University, Tirupati, PGDCA from the International Institute of Computer

Technology, and the technical qualification of Typewriting in English Higher

Grade. The 3

rd

respondent appointed petitioner as Typist subject to the

condition that he should acquire the qualification of Typewriting in Telugu

Higher Grade within two years from the date of his appointment. In

compliance with the said condition, petitioner acquired the qualification of

Typewriting in Telugu Higher Grade within the stipulated period. Government

issued G.O.Ms.No.60, General Administration (Services-A) Department, dated

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11.02.1997, stipulating that candidates appointed conditionally for acquiring

the requisite qualification and who acquired the same within the stipulated

time would have their services regularized from the date of their initial

appointment. Subsequently, Government altered the said position by

stipulating that probation would commence from the date of acquiring the

requisite qualification fully, vide G.O.Ms.No.151, dated 12.06.2004.

Thereafter, the Government issued G.O.Ms.No.69, dated 24.07.2023,

dispensing with the requirement of Typewriting examinations in both English

and Telugu and prescribing a pass in the Computer Proficiency Test within

two years from the date of issuance of the said G.O. It was further clarified

that candidates appointed on compassionate grounds who passed the

Computer Proficiency Test within two years from the date of the said G.O.

would have their services regularized from the date of their initial appointment

and their probation declared in relaxation of G.O.Ms.No.151, dated

22.06.2004. Petitioner had earlier filed W.P.No.20733 of 2022 seeking a

direction to the respondents to regularize his services in the cadre of Typist

with effect from 26.03.2010, in the context of G.O.Ms.No.116, dated

29.08.2008. This Court, vide order dated 15.07.2022, disposed of the said

Writ Petition with a direction to the respondents to consider petitioner’s

representation and pass appropriate orders in accordance with law. However,

the 3

rd

respondent, without examining the matter in its proper legal

perspective, rejected petitioner’s claim vide proceedings

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Roc.ADMIN/421893/2022, dated 13.10.2022. Aggrieved by the same, the

present Writ Petition has been filed.

3. Respondents filed counter contending that petitioner was

appointed as Typist on compassionate grounds pursuant to his request and

on availability of a vacancy, subject to the condition of acquiring Telugu

Typewriting Higher Grade within two years from the date of joining. Petitioner

acquired the requisite qualification and, accordingly, his services were

regularized in the cadre of Typist with effect from 26.03.2010, i.e., the date of

acquiring the said qualification, in terms of G.O.Ms.No.151, General

Administration (Services-A) Department, dated 22.06.2004. Though

G.O.Ms.No.60, dated 11.02.1997, initially provided for regularization from the

date of initial appointment upon acquisition of the requisite qualification within

the stipulated period, the said provision was subsequently amended by

G.O.Ms.No.151, dated 12.06.2004, providing for regularization from the date

of acquiring the qualification. The respondents further submit that, pursuant to

the directions of this Court in W.P.No.20733 of 2022, petitioner’s

representations were considered and his claim for regularization from the date

of initial appointment was rejected by proceedings dated 13.10.2022. It is

further contended that G.O.Ms.No.69, General Administration (Services-B)

Department, dated 24.07.2023, dispensed with the Typewriting qualification

and prescribed passing of the Computer Proficiency Test within two years,

and provided for regularization from the date of initial appointment in respect

of eligible compassionate appointees who passed the said test within the

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stipulated period. However, the Government, vide Memo No.REV01-

LANAOMISC/807/2023-SER-II, dated 20.02.2024, clarified that G.O.Ms.No.69

would have prospective effect from 24.07.2023. It is therefore contended that

petitioner cannot claim the benefit of G.O.Ms.No.69 for regularization from

21.08.2008 and that the rejection proceedings dated 13.10.2022 were issued

in accordance with the rules and Government instructions applicable to his

case.

4. Heard Mr.V.Maheswar Reddy, learned counsel for the petitioner,

and Mr.K.Varun Shyam Kumar, learned Assistant Government Pleader for

Services-I, appearing for the respondents.

5. Learned counsel for the petitioner submits that petitioner was

appointed on compassionate grounds on 21.08.2008. While appointing the

petitioner on compassionate grounds, a condition was imposed to acquire the

qualification of Telugu Typewriting Higher within a period of two years.

Pursuant to which, petitioner had acquired qualification on 26.03.2010.

Petitioner’s services were regularized from 26.03.2010 on acquisition of

qualification, without taking into account the date of commencement of

probation i.e., 21.08.2008.

6. Learned counsel for petitioner submits that the proceedings

impugned in the Writ Petition dated 13.10.2022, representation submitted by

the petitioner dated 05.08.2022 was rejected to consider his case for

regularization with effect from 21.08.2008. For appointment to the post of

Typist, basic qualification of the individual had to be considered. However,

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G.O.Ms.No.60, General Administration (Services-A) Department, dated

11.02.1997, particularly paragraph 5 thereof, which provides that candidates

appointed under the scheme of compassionate appointment to the

dependents of deceased Government Employees with a condition to acquire

the minimum educational/typewriting qualification, prescribed for the post to

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 requisite

education/typewriting qualification prescribed for the post, to 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. However, the said G.O. was subsequently

amended by G.O.Ms.No.151, General Administration (Services -G)

Department, dated 22.06.2004, whereby the words “from the date of initial

appointment” were replaced with “from the date of acquiring such qualification

fully”. Basing on which, the case of the petitioner was regularized with effect

from 26.03.2010, on which date, petitioner acquired qualification.

7. Learned counsel for petitioner has drawn the attention of this

Court to Rule 6 of the Andhra Pradesh Ministerial Service Rules, 1998,

wherein for the post of Typist, the qualification prescribed is Telugu

Typewriting. The note of the said prescription of the said qualification under

Annexure-I is “If sufficient number of candidates with Telugu Type writing

qualifications are not available for appointment by direct recruitment as

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Typists candidates with English Type writing qualification may be appointed

subject to the condition that he/she should acquire the Telugu Type writing

qualification within the period of probation on pain of postponement of

increment without cumulative effect”. As the petitioner possessed the

qualification of Typewriting English, the respondents ought to have considered

the case of the petitioner for regularization with effect from 21.08.2008.

However, the petitioner’s case was considered pursuant to G.O.Ms.No.151,

dated 22.06.2004, and his services were regularized with effect from

26.03.2010.

8. Learned counsel for the petitioner also places reliance on the

judgment of a Coordinate Bench of this Court in Writ Petition No.17966 of

2020, wherein it was held that “as the petitioner possessed a P.G. degree in

Master of Computer Applications and the respondents are directed to

regularize the services of the petitioner in the cadre of Typist with effect from

her date of joining with all consequential benefits, according to her eligibility,

without insisting for passing of technical qualifications of typewriting higher

grade both in English and Telugu”. As on the date of consideration, the

qualification of typewriting was dispensed with. Learned Single Judge also

places reliance on the judgment of a Division Bench of this Court dealing with

the issue of G.O.Ms.No.116, General Administration (Services-B) Department,

dated 29.02.2008, whereby relaxation was granted to Rule 23 of the Andhra

Pradesh Ministerial Service Rules, 1966, in favour of Junior Stenographers,

who were appointed between 05.03.1987 and 14.07.1998 as to the

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requirement of passing Typewriting Higher grade in Telugu and Shorthand by

exercising the powers conferred under Rule 31 of the Andhra Pradesh State

and Subordinate Service Rules, 1996. At paragraphs 6, 8 and 9, it was held

as follows:

“6. The impugned show cause notice issued t o the

petitioner on 22.10.2019, reads as follows:

“Smt. Suguna, was appointed as Typist on

compassionate grounds w.e.f.18.08.2016 vide

reference 1st cited above and working at Zilla Parishad,

Kakinada. As on today, she is not acquired Technical

qualifications of Telugu and English Higher to hold the

post of Typist in terms of orders issued vide ref. 2nd

cited above. Therefore, why she should not be

reappointed as office subordinate and directed to

submit explanation if any within a period of three days

due to non-acquiring of technical qualifications

stipulated period.”

8. As seen from G.O.Ms.No.116, GAD dated 29.02.2008,

relaxation has been given to Rue 23 of the A.P. Ministerial Service

Rules, 1966 in favour of Junior Stenographers, who were

appointed between 05.03.1987 and 14.07.1998 as to the

requirement of passing Typewriting Higher grade in Telugu and

Shorthand by exercising the powers conferred under Rule 31 of

the A.P. State & Subordinate Service Rules, 1996. G.O.Ms.No.68

Finance (ADMN.III) Department dated 11.03.2010, which was

issued as one time relaxation from acquiring the Typewriting

English Higher grade in respect of Junior Accountants appointed

on compassionate grounds conditionally, wherein, it is observed

as follows:

“9. Government, after careful examination of the

matter, noticed that due to lack of Typewriting

institutions the matter, noticed that due to lack of

Typewriting institutions the candidates who were

appointed on compassionate grounds are not able to

get themselves qualified with the typewriting English

Higher Grade and also by attending the classes out of

the office hours in addition to attending to their family

problems as a result of which they continue to be as a

temporary employees without regularizing their

services, though their juniors have been regularized.

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10. Government have also noticed that there is

a striking anomalous position with regard to

regularization of the services of Junior Accountant in

the A.P. Treasury & Accounts Department. Prior to

26.10.2007, the Junior Accountants had to acquire a

higher grade typewriting in English and on

27.10.2007this qualification was changed and the

individuals were required to qualify the certificate

course in computers as prescribed in G.O. read above.

As the Institutions imparting such computer courses are

available only at District Headquarters and the

employees appointed on compassionate grounds were

facing great difficulty to acquire such qualifications by

sparing out of office hours which is at a very long

distance from their work place. Also noticed that the

certificate courses in computers prescribed in G.O. 6th

read above is on high side and it will not relevant to the

day to day administration of the Treasury personnel.

Hence, it has been decided to grant one time

exemption from acquiring Typewriting English Higher

Grade/certificate course in computers courses in

respect of Junior Accountants appointed on

compassionate grounds in T & A Service and working

as on 27.10.2007.

11. Now, therefore, in exercise of the powers

conferred under rule 31 of the A.P. State & Subordinate

Service Rules, 1996, the Governor of Andhra Pradesh

hereby relax as one time measure from passing

Typewriting English Higher Grade/Certificate courses in

computers to the Junior Accountants appointed on

compassionate grounds in T & A Service and working

as on 27.10.2007 but could not acquire the said

qualifications in relaxation of Rule 6 of A.P. Treasury

(Sub) Service Rules, issued in G.O. 1st, 2nd and 6th

read above, in favour of the 46 individuals shown in the

Annexure to this order.”

9. As seen from the order in OA No.1856 of 2017 dated

06.11.2017, the applicant therein was given a similar notice as is

given to the petitioner herein asking to give her willingness to take

the lower post and the said notice was challenged in the said OA.

The said OA was allowed setting aside the notice and the

respondents therein were directed to take into consideration the

fact that the applicant therein possessed P.G. Diploma in

Computer Applications and to consider relaxation of the

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qualification. Challenging the said order dated 06.11.2017 of the

Tribunal, the Government filed WP No.11321 of 2019. Contention

of the Government in the said writ petition was that the said notice

was issued, in conformity with the orders passed by the State

Government vide G.O.Ms.No.969, G A (Ser.A) Department dated

27.10.1995 and that the Tribunal is not justified in setting aside the

notice therein, which was issued to the applicant, as such a

condition was incorporated at the time of appointment of the

applicant itself. The Division Bench of this Court dismissed the

said writ petition filed by the government, observing as follows:

“It is pertinent to note that the State Government

granted relaxation in favour of certain class of

employees, vide G.O.Ms.No.116, GA (Ser.) Department,

dated 29.02.2008, having noticed the non existence of

typewriting training institutions. It is also not in

controversy that in 2010 also the government granted

relaxation from acquiring typewriting qualification in

respect of Treasury Department. The Tribunal also noted

about the non-existence of typewriting training

institutions and the usage of computers in all the offices.

The reality remains that, apart from the degree

qualification in computers, the applicant possesses

PGDCA also. It is not the case of the respondents herein

that the applicant has not discharged her duties properly

due to the lack of typewriting higher grade qualification.

A perusal of the order passed by the Tribunal, in

clear and vivid terms, discloses that the Tribunal, after

elaborately and meticulously considering various issues,

including the relaxation given by the State Government,

by way of the above referred governmental orders, and

also the present situation, with regard to the non-usage

of type machines and the usage of computers, came to

the conclusion that the very insistence of the respondent

authorities cannot be sustained.

It is settled and well established principle of law

that a writ in the nature of a writ of certiorari cannot be

issued, under Article 226 of the Constitution of India,

unless the impugned action suffers from jurisdictional

error and patent perversity. In the considered opinion of

this Court, the said contingencies are conspicuously

absent in the case on hand.”

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9. Learned Assistant Government Pleader for Services-I, appearing

for the respondents, submits that the said aspect was also clarified by the

Government, stating that G.O.Ms.No.69, dated 24.07.2023 would have

prospective effect. As such, petitioner is not entitled to consider under

G.O.Ms.No.69, whereby relaxation was granted for Telugu Typewriting, in

view of replacement of typewriters with computers and to those persons, who

have passed Computer Proficiency Test within two years from the date of

issuance of the orders, as such, the petitioner’s services were regularized as

per the rules in force as on the date of his appointment as well as

regularization. Now, the petitioner cannot turn around and say that the

petitioner’s services ought to have been regularized from the date of his initial

appointment and requested to dismiss the Writ Petition.

10. As stated supra, petitioner was appointed on 21.08.2008 on

compassionate grounds and his services were regularized on 26.03.2010.

Petitioner kept quite all the period till issuance of G.O.Ms.No.69, General

Administration (Services-B) Department, dated 24.07.2023, whereby the

condition imposed in G.O.Ms.No.151, dated 22.06.2004, that services ought

to be regularized on the date of acquisition of the qualification has been

relaxed. As the said rule as well as amendment is contrary to the statutory

rules called the Andhra Pradesh Ministerial Service Rules, 1998, the same

cannot override the statutory rules.

11. A Division Bench of this Court, in Writ Petition No.11321 of 2019,

while accepting the findings relied by the Administrative Tribunal, held that, as

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non-usage of type machines and the usage of computers and the

non-availability of typewriting institutions to acquire the said qualification, had

upheld the decision of the Tribunal and dismissed the Writ Petition.

12. In the instant case, during his appointment in the year 2008, a

condition was imposed for which the petitioner had accepted and accordingly

he joined into service and acquired qualification and got regularized his post

with effect from the date of acquisition of qualification. Now after a lapse of

more than twelve years, he came up with a plea that he is entitled for

regularization with effect from his initial appointment. G.O.Ms.No.151 is not a

statutory G.O., but only an executive instruction to the previous executive

instructions issued under G.O.Ms.No.60, dated 11.02.1997. The order

impugned in the Writ Petition was passed by the respondents pursuant to the

representation made by the petitioner on 05.08.2022, seeking to regularization

of his services with effect from his initial date of appointment.

13. Considering the submissions made and after perusing the record,

this Court finds that G.O.Ms.No.151, dated 22.06.2004, amended

G.O.Ms.No.60, dated 11.02.1997, by prescribing that regularization shall be

from the date of acquisition of requisite qualification. Though both are

executive orders are only in the name of exemptions to the relevant rules,

through which petitioner was appointed to the service on compassionate

grounds. As the petitioner was not qualified to the post offered to him, a

condition was imposed in terms of G.O.Ms.No.60, dated 11.02.1997. In

compliance with the same, the petitioner had acquired the qualification and

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accordingly, his services were regularized with effect from 26.03.2010. Now,

the petitioner cannot agitate the same and seek regularization with effect from

his initial appointment, after long lapse of more than twelve years, as the

settled seniority cannot be unsettled, which may have cascading effect on the

settled seniority of several others.

14. In view of the above findings, there is no merit in the Writ Petition.

15. Accordingly, Writ Petition is dismissed. There shall be no order

as to costs.

Interim orders, if any, granted earlier shall stand vacated, and all

pending miscellaneous petitions, if any, shall stand closed.

__________________________

JUSTICE BALAJI MEDAMALLI

Date: 21.09.2026

BMS / SAK

Whether the order is:

Speaking ☑ Reasoned ☑

Reportable Non-reportable ☑

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THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI

WRIT PETITION NO: 21343/2024

Date: 21.09.2026

SAK