IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.470 of 2009 Between: M.S. Satyavaraprasad S/o. Subba Rao O/o. Senior Civil Judge, Manthani, Karimnagar District. ..... PETITIONER AND 1 The High Court of A.P., rep. by its Registrar (Management) A.P., Hyderabad. 2 The Principal District & Sessions Judge, Karimnagar, Karimnagar District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction especially one in the nature of Writ of Mandamus declaring a) The proceedings of the respondent No.2 in Order Dis.No.200/PRR.15/ADM/DCK/2009, dt. 9.1.2009 is unjustified and illegal. b) Non consideration of the claim of the petitioner for promotion as Superintendent while considering the case of the others who are Juniors to the petitioner is in violation of Article 14 & 16 of the Constitution of India, and pass Counsel for the Petitioner:MR.M.SURENDER RAO Counsel for the Respondent No.: SMT.M.BHASKARA LAKSHMI (SC FOR APHC) The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.470 of 2009 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) This writ petition is filed seeking a Writ of Mandamus declaring the proceedings of the 2nd respondent, dated 09-01-2009, as illegal and arbitrary. It is the case of the petitioner that he was appointed as a Steno- Typist on 08-11-1983. Thereafter, he was promoted as Senior Assistant on 09-03-2001. As he is fully qualified and eligible for being considered for promotion as Superintendent, he made a representation, dated 23- 10-2008, before the 2nd respondent requesting to consider his case for promotion to the post of Superintendent. In the said representation, he also referred the order made by a Division Bench of this Court in W.P.No.11450 of 2005, dated 17-10-2008. The 2nd respondent through impugned order, dated 09-01-2009, rejected to consider his case for promotion to the post of Superintendent, as he did not possess intermediate decree as per the amended APJMS Rules, 2003. Aggrieved by the same, this writ petition has been filed. It is not in dispute that the Division Bench of this court in W.P.No.11450 of 2005, dated 17-10-2008, held that there is no prescription of possessing intermediate for promotion to the post of Senior Assistant from Junior Assistant It is stated that the petitioner has been appointed as a Steno-typist on 08-11-1983 and was promoted as Senior Assistant on 09-03-2001. At that time, under APJMS Rules, 1964, the minimum qualification intermediate was not prescribed and that the minimum qualification was only 10th class for the post of Junior Assistant. It is also not in dispute that though the petitioner did not possess qualification of intermediate, he was promoted to the post of Senior Assistant on 09-03-2001, as there was no requirement of possessing the qualification of intermediate for such promotion. The present rules of A.P.Judicial Ministerial Service Rules, 2003 in G.O.Ms.No.129, dated 12-11-2003 have came into force from December 2003 onwards. As per the present Rules, even for appointment to the post of Junior Assistant, one must have passed intermediate examination. The appointment to the post of Junior Assistant is by way of direct recruitment or promotion. If the present Rules are applicable, the petitioner is not even entitled to be appointed for the post of Junior Assistant. The fact remains that under the old Rules, he was appointed as a Junior Assistant and was also promoted to the post of Senior Assistant. The post of Superintendent can be filled by way of promotion from the post of Senior Assistant. The qualification prescribed for promotion to the post of Superintendent is that one must have passed translation test i.e., translation from English to the regional language and translation from the regional language to English. It is stated that the petitioner passed the said translation test. The only question that arises for consideration is as to whether new Rules apply for those persons, who are already holding the posts under the old Rules. The petitioner is presently holding the post of Senior Assistant and to continue him as a Senior Assistant, no such passing of intermediate is required even under the new Rules. For promotion from the post of Senior Assistant to Superintendent, the only requirement is passing of Translation test. Therefore, we are of the opinion that the principle laid down by this court in W.P.No.11450 of 2005, dated 17-10- 2008 is squarely applicable to the case of the petitioner to consider his case for promotion to the post of Superintendent from Senior Assistant. Having regard to the facts and circumstances of the case, the writ petition is allowed setting aside the impugned order passed by the 2nd respondent, dated 09-01-2009. Accordingly, the 2nd respondent is directed to consider the case of the petitioner for promotion to the post of Superintendent without insisting upon possessing intermediate degree, if he is otherwise eligible and qualified by passing departmental tests. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Dated:20-01-2009 Note: Issue C.C. by tomorrow (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}