IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 5026 of 2008 Between: M.Pushpa D/o.Lingaiah Special District and Sessions Judge, Medak Medak District ..... PETITIONER AND 1 The Registrar (Administration), High Court of AP Hyderabad 2 The District Judge, Medak,Medak District .....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 a writ order or direction especiallly one in the nature of writ of mandamus declaring the Proceedings No.9/2004-C.I(1) dated 12.8.2005 and Consequential Proceedings No.1356/2006.C1 dated 14.11.2006 are illegal, arbitrary, and discriminatory in violation of Article 14 and 16 of the Constitution of India and further declare that petitioner is eligible for release of her increments to her W.e.f.May 1998 to May 2003 and pass Counsel for the Petitioner:MR.M.SURENDER RAO Counsel for the Respondents: (SC FOR APHC),P.V.SANJAY KUMAR The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO AND THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No.5026 of 2008 ORDER: (Per the Hon’ble Sri Justice V.V.S.Rao) The petitioner is at present Junior Assistant in the unit of the District Judge, Medak. By proceedings dated 28.04.1984, she was appointed as a Telugu Typist in the Court of Munsif Magistrate, Medak. She continued as Telugu Typist till January, 1998. At that juncture, the learned District Judge, Medak, second respondent herein, issued proceedings dated 02.01.1998, inter alia, informing the petitioner and two others that two attempts are granted to them to pass required qualiﬁcation of technical board examination in typewriting to be held in May/June, 1998 and September/October, 1998. They were also informed that if they fail to acquire the technical board certiﬁcate, they will not be eligible to an increment in the time scale of pay. The petitioner did not pass the examination in said two attempts. However, she sought conversion to the post of Junior Assistant. By proceedings dated 30.01.2004, the learned District Judge converted the petitioner as Junior Assistant. From then onwards she ceased to be the Typist. However, she was not paid increments from 1998 to 2003. She, therefore, preferred an appeal to the High Court praying for sanction of increments from 1998 to 2004. The High Court issued proceedings dated 12.08.2005 to the eﬀect that the petitioner cannot be insisted upon to pass typewriting test in view of conversion to Junior Assistant post. The High Court also directed to release the increments to her as Junior Assistant. Yet again the petitioner represented to the High Court for annual increments from 1998 to 2003, which was rejected on 14.11.2006. The two proceedings of the High Court are assailed in the present writ petition. A counter-aﬃdavit is ﬁled by ﬁrst respondent opposing the writ petition. The learned counsel for the petitioner vehemently submits that as a Telugu Typist her service was regularised and probation was duly declared and therefore, denying the increments from 1998 to 2004 is arbitrary. Secondly he would urge that as per the Andhra Pradesh Judicial Ministerial Service Rules, 1964 (1964 Rules, for brevity) even a candidate with Lower Grade typewriting qualiﬁcation can be appointed as Typist and therefore, both the orders impugned suffer from error. After giving anxious consideration, we are not able to countenance the submissions made by the petitioner’s counsel. Rules 6, 7, 8, 17 and 23 of 1964 Rules provide for method and manner of ﬁlling up the various categories of posts in Division IV. Table appended to Rule 23 of 1964 Rules, insofar relevant, reads as under. Division and Category Method of recruitment Test or examination 7. Lower Division Clerks Promotion (i)Proof Examiner’s Test; (ii)Govt. Technical Examination in typewriting Lower Grade Typists Promotion or direct recruitment or recruitment by transfer. Government Technical Examination in Typewriting by the higher grade Provided that if candidates who have passed the said examination by the Higher Grade are not available those who have passed the said examination by the Lower Grade may be appointed: Provided further that candidates who possess Telugu Typewriting qualiﬁcation on Government Standard Key Board, besides the prescribed qualiﬁcation in English Typewriting shall be given preference for appointment by direct requirement. Considerable emphasis is laid by the learned counsel for the petitioner on ﬁrst proviso extracted hereinabove. In plain terms it enables appointment of a person with Lower Grade typewriting qualiﬁcation as Typist. The post of Typist requires the qualiﬁcation of typewriting Higher Grade in Government Technical Board Examination. It is certainly English typewriting Higher Grade. This is made clear by the preferential second proviso, which says that preference should be given to those who know Telugu typewriting. The petitioner admittedly was qualiﬁed with Telugu and English typewriting Lower Grade. While looking at entry No.7 of the table under Rule 23 of 1964 Rules, we cannot ignore Rule 16 of 1964 Rules. Be it noted the term ‘appointed to the service’ as deﬁned in Rule 2(c) of 1964 Rules means a person appointed to the service in accordance with 1964 Rules or in accordance with the Rules applicable at the time as the case may be. Therefore, relevant Rules of appointment have to be read in the light of Rule 16 of 1964 Rules. It provides that when a qualiﬁed candidate is not available - in the interests of exigency; an unqualiﬁed person can be appointed, that such appointee shall give place to a subsequent regular appointee and that the temporary service shall not be counted for the purpose of seniority. This aspect of the matter was considered by the High Court when they issued proceedings dated 14.11.2006, which reads as below. Order ROC.No.1356/2006-C1, Dt.14-11-2006 On consideration of the Representation petition of Kum. M. Pushpa, Junior Assistant, Junior Civil Judge’s Court, Andole at Jogipet for release of her Annual made increments from the year 1998 to 2003, forwarded through the letter of the District Judge, Medak at Sangareddy, read above, the High Court opines that the claim of the employee was already considered and orders were issued extending the beneﬁt of release of her annual grade increments only from the year 2004, since the candidate did not hold the qualiﬁcations for the post of Typist and her appointment was not on the ground that the candidates with Typewriting Higher Grade were not available and that the representation petition, is liable to be rejected. Accordingly, the Representation petition of Kum.M.Pushpa, Junior Assistant, Junior Civil Judge’s Court, Andole at Jogipet, is hereby rejected. (emphasis supplied) It is no doubt that the counter-aﬃdavit contains an averment that the petitioner appeared to have been appointed as there are no qualiﬁed candidates. This statement appears to be incorrect if one reads the impugned order dated 14.11.2006. Therefore, it stands to reason that the petitioner was appointed as Typist when she was having Telugu and English Lower Grade typewriting qualiﬁcation. In 1998 she was put on notice to complete the required qualiﬁcation within two attempts. She did not pass and therefore, she would not be entitled for increments from 1998 to 2004 when she was converted to Junior Assistant. In that view of the matter, we do not find any vice in the impugned orders. The writ petition is, therefore, dismissed. No costs. ____________ V.V.S.RAO, J 06th August, 2008 __________________ G. CHANDRAIAH, J GHN To 1 The Registrar (Administration), High Court of AP Hyderabad 2 The District Judge, Medak,Medak District 3 2CD copies Form-NIC-OGS/WP{TRK}