THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.16142 of 2009 ORDER: (per the Hon’ble Sri Justice Vilas V. Afzulpurkar) State has filed this writ petition questioning the order of the A.P.Administrative Tribunal, Hyderabad, in O.A.No.4480 of 2003 together with V.M.A.No.659 of 2003, dated 30-11-2007. 2. The facts in brief are that the respondent herein was appointed as a Junior Accountant in the office of the District Treasury, Nellore, on compassionate grounds in pursuance of the proceedings of the Collector and District Magistrate, Nellore, dated 11-11-1998. The said appointment order stipulated the condition that the appointees referred to in the said order, which includes the respondent herein, should acquire qualification of typewriting higher grade in Telugu and English within three years from the date of appointment. It is the further case of the respondent that the said period was extended by two more years by the Government vide G.O.Ms.No.969, dated 27-10-1995. The respondent, therefore, claims that he is accordingly entitled to a period of five years from the date of appointment to acquire the said qualification. However, the Government had issued proceedings impugned in the O.A. dated 07-04-2003, to the respondent calling for his willingness for reversion as Attender on the ground that he has not acquired the requisite qualification within the time prescribed. Questioning the same, the respondent approached the Tribunal seeking to declare that he is entitled for the benefit of one time relaxation of qualification, which was granted to several similarly situated persons vide G.O.Ms.No.783, dated 31-12-2001, and consequently to declare the action of the 1st petitioner herein in proposing to revert him in the post of Attender as illegal and arbitrary. 3. The Tribunal has considered the following questions: 1) Whether the respondent herein has acquired the qualification of Typewriting Higher Grade Examination in English within the stipulated time and he is not liable for revision? 2) Whether the respondent herein is entitled to the similar benefit that was granted to the similarly situated persons under G.O.Ms.No.783, dated 31-12- 2001 referred to above. 4. On consideration of the material on record, the Tribunal answered both the questions in favour of the respondent herein. Questioning the aforesaid order, State has filed the present writ petition. 5. We have heard the learned Government Pleader for Services-II and the learned counsel for the respondent. 6. Learned counsel has placed before us the proceedings of the Collector and District Magistrate, Nellore, dated 11-11-1998 referred to above, which shows that at the time of appointment of the respondent and his allotment to the office of District Treasury, Nellore, it was specifically mentioned therein that the respondent herein should acquire the qualification of Typewriting Higher grade in Telugu and English within three years from the date of appointment. 7. Learned Government Pleader submits that G.O.Ms.No.612, dated 30-10-1991, stipulates only two years period for acquiring the said qualification and, thereby, the respondent herein cannot take advantage of either three years time as per his appointment order or additional two years in terms of G.O.Ms.No.969, dated 27-10- 1995. The respondent could not acquire the said qualification and consequently, the notice of reversion was given to him, which was impugned in the O.A. 8. Learned Government Pleader also brought to our notice the contention of the respondent herein in the O.A., where he himself admitted that he was required to acquire the said qualification within two years. 9. Per contra, learned counsel for the respondent submits that the very appointment order stipulates three years, as the time for acquiring qualification. Undisputedly, the said time has been further extended by two more years. Learned counsel therefore states that the respondent herein being the compassionate appointee, has bonafiedly proceeded on the basis of the appointment order itself and since the said order stipulates three years period for acquiring the said qualification, and later two more years is extended to acquire the qualification, the respondent has acquired the requisite qualification within the said five years period and has already produced the Certificate issued by the State Board of Technical Education and Training, A.P., dated 02-10-2003, which was also noticed by the Tribunal. 10. Learned counsel for the respondent also brought to our notice G.O.Ms.No.783, dated 31-12-2001, wherein similarly situated 24 Junior Accountants, who were appointed on compassionate grounds, were granted one time relaxation to acquire qualification of Typewriting Higher Grade in English and submits that the respondent herein is also entitled to similar relaxation and he cannot be discriminated from availing such benefit. 11. Learned counsel for the respondent has also placed before us a copy of the order of the Deputy Director, District Treasury, Nellore, dated 15-05-2008, wherein the services of the respondent herein have been regularized in pursuance of the order of the Tribunal and the present writ petition is moved three months thereafter, and therefore, the writ petition has no merits and the same is liable to be dismissed. 12. We have considered the aforesaid submissions. 13. It cannot be disputed that the appointment order of the respondent stipulates three years period for acquiring qualification and undisputedly the same is extended by two more years under later G.O. referred to above. The respondent undoubtedly has acquired the requisite qualification under the Certificate, dated 02-10-2003, which was also noticed by the Tribunal. The respondent, therefore, having acquired the requisite qualification within five years period, it cannot be said to be liable for reversion as was sought to be done under the impugned order before the Tribunal. 14. Insofar as the second aspect of discrimination found in favour of the respondent, by the Tribunal is concerned, under G.O.Ms.No.783, dated 31-12-2001, several similarly situated persons were granted one time relaxation to acquire qualification and, therefore, the respondent herein is also entitled for the said benefit. As such, we do not find any error warranting correction of findings recorded by the Tribunal. 15. The writ petition is, therefore, devoid of merits and the same is accordingly dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Dated: 17-08-2009 Prv