IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 11753 of 2007 Between: K. Savithramma W/. Late K.V.N. Prasad R/o. Plot No. 75, S.B.H. Colony, Venture II L.B.Nagar, Hyderabad, Ranga Reddy District. ..... PETITIONER AND 1 High Court of Andhra Pradesh, Rep. by its Registrar General, Hyderabad. 2 The Principal District & Sessions Judge, Ranga Reddy District, Andhra Pradesh. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an order direction or writ more particularly one in the nature of writ of Mandamus declaring the order of the 2nd Respondent in PROCD.DIS.NO. 2931/2007 Dt. 9-5-2007 as illaegal, arbitrary, contrary to the provisions of the Andhra Pradesh Judicial Ministerial Service Rules, 2003 the A.P. Civil Services (Classification, Control and Appeal) Rules, 1991 and unconstitutional and consequently set aside the order of the 2nd Respondent and direct the 2nd Respondent to post the petitioner as copyist and pass such other appropriate orders as are deemed fit and proper in the interests of justice. Counsel for the Petitioner:MR.P.VENUGOPAL Counsel for the Respondent No.: G.VIDYASAGAR (SC FOR APHC) The Court made the following : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 11753 of 2007 Oral Order : ( Per Sri GM, J ) This Writ Petition has been filed challenging the order of the 2nd respondent dated 9-5-2007 in reverting the petitioner to the post of Process Server as illegal, arbitrary and contrary to the provisions of the Andhra Pradesh Judicial Ministerial Service Rules, 2003, and A.P. Civil Services (Classification, Control and Appeal) Rules 1991 and consequently seeks direction to post the petitioner as copyist. Initially, the petitioner was appointed as Attender by orders dated 17-1-1998 and was posted in the Court of the Junior Civil Judge, Ibrahimpatnam, Ranga Reddy District. The post in which the petitioner was working was converted to the post of process server by proceedings dated 10-9-2001 issued by the 2nd respondent. It appears, the petitioner was temporarily promoted to the post of Copyist on 4-11-2004, and by the impugned proceedings the petitioner was reverted to the post of Process Server. Hence, this Writ Petition. Sri P. Venugopal, learned counsel for the petitioner submitted that reversion was effected on the petitioner without any notice and enquiry and therefore the impugned proceedings are unsustainable. Learned counsel relying on the decision reported in KARNAIL SINGH v. STATE OF PUNJAB AND ANOTHER ( (1) 1994 Supp (3) Supreme Court Cases 724 ) contended that on earlier occasion similar persons were promoted from the category of Process Server to the post of Copyist. On the other hand, Sri G. Vidyasagar, learned Standing Counsel for the respondent contends that the petitioner was promoted purely on temporary basis, without following rules and seniority, and that in amended A.P. Judicial Ministerial Service Rules 2003, there is no rule permitting conduct of a test for issuing promotions to the post of Copyists from the posts of Attender / Process Server which are last grade services, therefore the petitioner was rightly reverted to the post of Process Server. The petitioner who was working as Process Server was temporarily promoted as Copyist pursuant to the test conducted on 31-1-2004, vide proceedings of the 2nd respondent dated 4-11-2004. As per Rule 6 of the A.P. Judicial Ministerial Service Rules 2003, the method of appointment for the post of Copyist, under Category-8 is (i) by direct recruitment and (ii) by conversion of field assistant (Category-9) provided they possess qualification in Type writing Higher Grade. As there was no rule permitting conduct of a test for issuing promotions to the post of Copyist from the post of Attender/Process Server, the 2nd respondent by the impugned order reverted the petitioner to the post of Process Server. The reversion of the petitioner to her substantive post is not a penalty but on the other hand it was effected to rectify the irregular promotion as per amended Andhra Pradesh Judicial Ministerial Service Rules, 2003 which came into effect from 5-12-2003 and to restore status quo ante, therefore the decision reported in KARNAIL SINGH’s case ( 1 supra ) has no application to the facts of the present case. For the above reasons, we do not see any ground to entertain the Writ Petition. The Writ Petition fails and is dismissed. No costs. ______ GM, J _______ VVA, J Kk Dated : 27-7-2009 THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 11753 of 2007 27-7-2009