THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.A.No.25 of 2011 ORDER: (Per Sri G.M,J) 1 This appeal is directed against the order dated 30.09.2010 passed in W.P.No.10259 of 2000, whereby the learned single Judge of this Court was pleased to dismiss the Writ Petition filed by the appellant on the ground that the appellant acquired the qualification of stenography subsequent to merger of posts of P.A. to Unit Heads and Programme Heads and designate as Steno – cum – Junior Assistant, which requires possessing of qualification of stenography. 2 The facts, in brief, are that the appellant filed the said Writ Petition seeking a direction to the respondents to regularise her services with effect from 29.10.1993 by releasing the regular Annual Grade Increments from that date, with all consequential benefits, including seniority, monetary benefits etc, and to revise the pay as per the revised pay scales 1993 and 1998 respectively. 3 It is the case of the appellant that pursuant to the advertisement issued by the respondents calling for applications for the post of Programme Assistant, appellant applied for the same. Thereafter, appellant was called for written examination and oral interview held on 22-10-1993 and accordingly, she attended the same and got selected and accordingly, she joined duty on 29.10.1993. Thereafter, she made a representation to the first respondent to adopt higher scale of pay for the post of Programme Assistant on par with other Universities in the State. By proceedings in ROC.No. C1/79/SVIMS/96, dated 29-05-1997 the respondents merged the posts of P.A. to Unit Heads and Programme Assistants and designated as Steno-cum-Junior Assistant and the pay as in State Government. Through proceedings in ROC.No.C1/140/SVIMS/93, dated 03.04.1998, services of the appellant were regularized with probationary rights with effect from the forenoon of 30.01.1996. Thereafter, appellant made another representation to the first respondent requesting to regularize her services with effect from 29.10.1993 with approved probationary rights with effect from 29.10.1995. The first respondent, vide proceedings in Memo ROC.No. C1/140/SVIMS/93, dated 20.04.2000 rejected the request of the appellant, stating that her services cannot be revised in terms of G.O.Ms.No.81, dated 05.02.1983. Questioning the same, appellant preferred an appeal before the third respondent on 10.05.2000 and the appellate authority also rejected the same though proceedings in ROC. No.C1/140/SVIMS/93, dated 29.05.2000 stating that the appeal is filed under wrong provision of law and that there is a separate enactment i.e. Act No.12/95 for SVIMS, Tirupati and granting temporary increments from the date of her joining till acquiring the requisite qualification of Steno- cum-Junior Assistant and thereafter regular increments were also sanctioned and informing that pay fixation in revised pay scales of 1999 in progress and with regard to leave benefits she will be governed by the A.P. State Government Leave Rules. Contending that except one Annual Grade Increment, which was paid to her during the year 1994, no further Annual Grade Increments are paid to her from 1995 onwards and that the third respondent did not assign any valid reason for rejecting the appeal, the appellant filed the said Writ Petition. 4 The learned single Judge, having heard the learned counsel appearing for both sides and upon perusing the material available on record dismissed the said Writ Petition in view of the fact that the appellant acquired the qualification of stenography subsequent to merger of posts of P.A. to Unit Heads and Programme Heads and designate as Steno – cum – Junior Assistants, which requires possessing of qualification of stenography and that her services were regularized after her acquiring requisite qualification and she was also given the pay scale in the cadre of Steno – cum – Junior Assistant with effect from that date. Hence the present appeal. 5 In the facts and circumstances of the case, the order impugned in this appeal does not warrant interference for the reason that the appellant did not possess the qualification of stenography at the time of her initial appointment and, subsequently also at the time the posts of P.A. to Unit Heads and Programme Assistants were merged and designated as Steno-cum-Junior Assistant, her services were regularized only after she acquired the requisite qualification and she was also given the pay scale in the cadre of Steno-cum-Junior Assistant with effect from that date. In fact, the learned single Judge has dealt with all these aspects in the order impugned in this appeal. 6 Accordingly, we see no merits in this Writ Appeal and hence the same is accordingly dismissed. No order as to costs. ---------------------------- GHULAM MOHAMMED, J Date:22.11.2011 ------------------------------------ NOOTY RAMAMOHANA RAO, J Kvsn