HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE P. SWAROOP REDDY WRIT PETITION NO. 25871 OF 2010 Between: The Deputy Director, District Treasury Officer, Kakinada ………….Petitioner AND B. Venkata Laxmi, working as Junior Accountant, District Treasury Office, Kakinada and one another ………….Respondents ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed in the nature of Writ of Certiorari calling for the records relating to order dated 26.8.2009 passed in O.A.No. 8825 of 2005 on the file of Andhra Pradesh Administrative Tribunal, (for short ‘the Tribunal’) Hyderabad. O.A.No. 8825 of 2005 was filed by the first respondent-applicant, seeking to set aside Express Memo dated 21.12.2005 and a consequential direction to direct the respondents therein to continue the applicant as Junior Accountant. The Tribunal allowed the said O.A. Aggrieved by the same, the present Writ Petition is filed by the Government. Brief facts of the case are that the applicant- first respondent herein is a Diploma Holder in Computer Applications and was given appointment on compassionate grounds as Junior Accountant by the District Collector, Kakinada by proceedings dated 31.12.2001 and she was appointed on 5.1.2002. It is stated that she was directed to acquire English Type Writing Higher Grade within two years from the date of her appointment but she could not acquire the same within the stipulated time. It is also stated that the Government issued G.O.Ms.No. 969 dated 27.10.1995 extending the grace period of two more years to acquire the qualification and further the said period of two years was also extended by one more year by the Government in G.O.Ms No. 289 dated 4.8.2000 thus in total a person appointed on compassionate grounds is allowed five years time for acquiring the necessary minimum educational qualification. Even before the stipulated period of five years would expire the respondent has issued impugned Express Memo dated 21.12.2005 directing the applicant to submit her willingness for appointment to the lower post as she failed to acquire the Type Writing qualification within four years from the date of her appointment i.e. 5.1.2002. Aggrieved by the same, the applicant filed O.A. The learned Government Pleader for Services-II, appearing for the petitioners contended that as per para 6 of G.O.Ms.No. 969 GA (ser-A) Department, dated 27.10.1995, if the individual fails to acquire the requisite qualification of Typewriting even within the extended grace period, the individual maybe considered for appointment to lower post such as an Attender as a fresh candidate after obtaining his/her willingness and if the individual is not willing to take the lower post it shall be construed that there are no compelling reasons of poverty as such candidate summarily be discharged from service. Therefore, the order of the Tribunal is contrary to law and facts of the case. Heard the learned Government Pleader for Services-II and perused the material made available on record. It is no doubt true that the Government has extended the time by three more years by issuing G.O.Ms.Nos. 969 and 289 dated 27.10.1995 and 4.8.2000 respectively and in all five years time was extended to the employees who were appointed on compassionate grounds to acquire the required qualification of typewriting or educational qualification from the date of appointment. The period of five years will expire on 31.12.2006 and the first respondent-applicant was appointed on 31.12.2001. As per the certificates issued by the AP. State Board of Technical Education and Training, Hyderabad the applicant-first respondent appeared for the English Typewriting Higher examination in January/February 2006 and passed the same, therefore, it is clear that she acquired the required qualification within a period of five years as stipulated by the Government in the above G.Os. Hence, the Tribunal rightly set aside the Express Memo dated 21.12.2005 directing the applicant to give her consent for appointment in Last Grade Service and directed the respondents therein to continue the applicant as Junior Accountant and regularise her services from the date of her initial appointment with all consequential benefits as per law. Therefore, we see no reasons to interfere with the order passed by the Tribunal and there is no jurisdictional error committed by it so as to warrant our interference. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. ________________________ GHULAM MOHAMMED,J _______________________ P. SWAROOP REDDY,J DATE: 28.10.2010 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.