THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.19427 OF 1996 DATED: 01.04.2011 Between : S. Sanjeev … Petitioner And Quli Qutub Shah Urban Development Authority, Hyderabad. .. Respondent THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.19427 OF 1996 ORDER: The writ petitioner was appointed as a Chainman in the office of Quli Qutub Shah Urban Development Authority – 1st respondent – vide proceedings dated 8.8.1985. After putting in five years of service, the petitioner was temporarily promoted by transfer to the post of Junior Assistant vide proceedings dated 11.5.1992. After completion of one year service, the petitioner made a representation dated 11.5.1993 to release his increment in the post of Junior Assistant. The said request was rejected by the 2nd respondent by proceedings dated 15.5.1993 on the ground that he did not acquire the qualification prescribed in the proceedings dated 11.5.1992. Aggrieved by the same, the present writ petition has been filed seeking a declaration that the action of the respondents in withholding the increments to which the petitioner is entitled to is arbitrary and illegal. In the counter-affidavit filed on behalf of the respondents, it is contended that while promoting the petitioner to the post of Junior Assistant vide proceedings dated 11.5.1992 it was made clear that he should not be eligible to increments in the timescale of pay applicable to him unless he passed the test, completed the training or acquired qualification prescribed as a condition for grant of first and second or any subsequent increments. While alleging that the petitioner had not acquired the requisite qualification of pass in Intermediate, it is contended that since he filed to comply with the conditions prescribed under the proceedings dated 11.5.1992, he was not eligible for increments. I have heard the learned counsel for both the parties. Rule 37 (a) & (b) of A.P. State and Subordinate Service Rules, 1962 provide for filling up vacancy in a post borne on the cadre of higher category by promotion from a lower category. As per sub-rule (f) of Rule 37 no person appointed under sub-rule (a) or sub-rule (b) shall be eligible to an increment in time scale of pay applicable to him unless he passes the test, completes the training or acquires qualification prescribed as a condition for the grant of 1st, 2nd or any subsequent increment to member of the service of class or category. Admittedly the petitioner had only possessed the qualification of pass in S.S.C. He was initially appointed as a Chainman (which fall under Last Grade Service) on 8.8.1985. When a vacancy arose in the post of Junior Assistant, he was promoted temporarily by transfer on 11.5.1992 in terms of Rule 37 of A.P. State & Subordinate Service Rules, 1962. As noticed above, such a promotee shall acquire the prescribed qualification as a condition for grant of increments as provided under Rule 37 (f). Therefore in the proceedings dated 11.5.1992 itself it was made clear that the petitioner shall not be eligible to an increment in the time scale of pay unless he acquires qualification prescribed. According to the respondent, such prescribed qualification is “pass in Intermediate” as provided under Rule 22 of A.P. Ministerial Service Rules, 1966 as it stands on the date of promotion order dated 11.5.1992. It is contended that since the petitioner did not acquire the qualification of “pass in Intermediate” he was not eligible to receive increments. However while pointing out that as on the date of the initial appointment of the petitioner, the qualification prescribed under Rule 22 for appointment to the post of Junior Assistant was only to possess Minimum General Educational Qualification and that it was subsequently enhanced to a “pass in Intermediate” by way of amendment under G.O.Ms.No.517, General Administration, dated 29.10.1987, the learned counsel for the petitioner vehemently contended that the respondents cannot insist upon the petitioner should acquire the qualification of pass in Intermediate so as to become eligible for increments. Even otherwise in view of the proviso to Rule 22, it is contended that it is not necessary to acquire the said qualification since the petitioner’s appointment was prior to 29.10.1987. Rule 22 as amended by G.O.Ms.No.517, dated 29.10.1987 reads as under: “Rule 22. General educational qualifications: No person shall be eligible for appointment to the service in any post either by direct recruitment or by recruitment by transfer or by promotion including conversion unless, he has passed the Intermediate Examination or any equivalent examination, and where a higher educational qualification is prescribed for such post, unless she possesses such higher qualification: Provided that those who were already appointed in the Offices of the Heads of Departments and Directorates prior to 15th December, 1984 and those appointed in the Offices other than Heads of Departments and Directorates prior to 29th October, 1987 shall be eligible for appointment as Junior Assistants etc., if they have passed S.S.C. or any equivalent Examination.” Simultaneously Rule 3 (14) (b) of A.P. Ministerial Service Rules, 1966 which provides for method of recruitment was also substituted by G.O.Ms.No.512, dated 29.10.1987 as under: “Rule 3 (14) (b). Record Assistants and members of equivalent categories in other services and members of Andhra Pradesh Last Grade Services and members of other services shall not be eligible for appointment by recruitment by transfer to the posts of Junior Assistants, Typists and Junior Stenographers in the subordinate offices viz., offices other than the Heads of Departments and Directorates unless they possess the qualification of pass in Intermediate Examination and the other qualifications prescribed and put in not less than five year of regular service in such categories: Provided that those appointed prior to 29th October, 1987 may be considered for appointment by recruitment by transfer to the posts mentioned above, if they possess Minimum General Educational Qualification and put in not less than five years of regular service.” A perusal of Rule 22 read with Rule 3 (14) (b) makes it clear that the qualification of “pass in Intermediate” has been relaxed so far as the appointment by promotion of those persons who were appointed prior to 29.10.1987. Hence, as rightly contended by the learned counsel for the petitioner, the respondents cannot insist upon acquiring the qualification of a “pass in Intermediate” since the petitioner was appointed in the year 1985. However the learned counsel for the respondents further contended that since the petitioner’s promotion order dated 1.5.1992 itself was subject to compliance with the condition as provided under Rule 37 (f), the petitioner cannot seek any relaxation at this stage. It is true that in the proceedings dated 11.5.1992 it was mentioned that the petitioner shall not be eligible to an increment unless he acquires qualification as per Rule 37 (f) of the A.P. State and Subordinate Service Rules. However, as expressed above, a combined reading of Rule 3 (14) (b) and Rule 22 of the A.P. Ministerial Service Rules makes it clear that the qualification of pass in Intermediate cannot be insisted upon for those who are appointed prior to 29.10.1987. The condition No.4 in promotion order dated 11.5.1992, if read in the light of the proviso to Rule 22, it is not necessary for the petitioner to acquire the qualification of “pass in Intermediate”. Hence the action of the respondents in not considering the request of the petitioner for grant of increments is arbitrary and illegal. Accordingly, the rejection letter of the respondent No.2 dated 15.5.1993 is hereby set aside and the Writ Petition is disposed of with a direction to the respondents to consider the request of the petitioner for grant of increments afresh in the light of the observations made above and pass appropriate orders in accordance with law as expeditiously as possible preferably within a period of eight weeks from the date of receipt of this order. No costs. ______________ G. ROHINI, J. Dt. 01.04.2011 gbs