IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION NO :2318 of 2010 Between: The Deputy Director, District Treasury Officer, Kadapa & 2 others ..... PETITIONERs AND T.C.Mohandas & another .....RESPONDENTS The Court made the following : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION NO :2318 of 2010 ORDER: (Per the Hon’ble Sri Justice Ghulam Mohammed) The present writ petition is filed by the petitioners seeking a direction in the nature of writ of certiorari, to call for the records in O.A.No:26661 of 2004 and quash the order passed in the said O.A on 22.10.009 as erroneous and illegal. The 1st respondent herein is the applicant before the tribunal. The brief of the case are that the applicant who was originally promoted as Junior Accountant in the Sub treasury office, Badwel, was reverted as Attender in proceedings Rc.No:A1/1516/2000, dated 145.4.2004 of the Deputy Director, District Treasury Office, Kadapa. Aggrieved by the same, the applicant filed the present O.A. The Tribunal having observed that the applicant is admittedly possessing the S.S.C certificate as he underwent diploma in technical education, for which the minimum education qualification is S.S.C and that as the applicant is possession the S.S.C qualification, the contention that the applicant is not possession the academic qualification to hold the post of Junior Accountant in Subordinate Office in Treasury Department is not at all tenable, allowed the O.A setting aside the order impugned therein and directing the authorities to continue the applicant as Junior Accountant. Having aggrieved by the same, the present writ petition is filed by the respondents-petitioners- authorities. Heard the learned G.P for services II and the learned counsel appearing on behalf of the applicant. Before going into the merits of the case, it is relevant to go through the order impugned, which reads as under: “T.C.Mohas Doss, Attender, Sub Treasury, Sidhout was promoted as Junior Accountant under Rule 10 (a) (i) of A.P State and Subordinate Service Rules and he was specially informed that the promotion orders issued was purely on temporary basis and he is liable to be reverted at any time without giving any prior notice and assigning any reasons vide this office proceedings 1st cited. The terms of appointment orders issued vide proceedings 1st cited are invoked and Sri T.C.Mohan Doss Junior Accountant, Sub Treasury, Badvel is reverted back as Attender, consequent on reversion as Attender, he is posted as Attender at Sub Treasury, Sidhout vide Sri S.Muneerullah Hussaini, Attender duly canceling his depution. A plain reading of the order impugned makes it clear that the applicant who was working as Attender was promoted as Junior Accountant under Rule 10 (a) (i) of the A.P. State and Subordinate Service Rules. At this juncture, it is relevant to go through the provisions of Rule 10 (a) (i) of A.P State and Subordinate Service Rules, 1963, which reads as under: “Shroffs, Attenders, Cashiers and other employees of the Treasuries and Accounts Department belonging to the General Subordinate Service and employees of the A.P. Last Grade Service of the Treasuries and Accounts Department shall be eligible for appointment by transfer as Junior Accountant or Junior Auditor provided (i) they have put in a service of not less than five years in any category referred to above, (ii) possess the minimum general educational qualification or have passed the S.S.L.C standard examination conducted by the Public Service Commission and (iii) have undergoing the training prescribed for direct recruits to the post of Junior Accountant/Junior Auditor under rule 8 and who shall be eligible for regularization of services in the category of Junior Accountant from the date of first appointment as Junior Accountant on par with the other direct recruits.” It is not out of place to mention that Schedule II of the A.P. State and Subordinate Services Rules 1996, stipulates the Secondary School Certificate Examination conducted by the Board of Secondary School Education of A.P as one of the general educational qualifications. There is also no dispute that the applicant has possessed the S.S.C qualification and he also underwent diploma in technical education, for which the minimum education qualification is S.S.C. In the light of the provisions of Rule 10 (a) (i) of A.P State and Subordinate Service Rules, 1963 coupled with schedule 2 of the Rules 1996, the contention of the learned G.P for Services II that the minimum educational qualification for the promotion to the post of Junior Accountant is only Intermediate, cannot be sustained. In these circumstances, we have no hesitation to hold that the tribunal is justified in setting aside the order impugned in the O.A and therefore, the order of the tribunal does not suffer from any irregularity or illegality. Consequently, the writ petition is devoid of merits and the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. ___________________________ Justice Ghulam Mohammed _________________________ Justice G.Bhavani Prasad Dated: 7th June, 2010 Gurc. THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 2318 of 2010 (Order of the Division Bench delivered by the Hon’ble Sri Justice Ghulam Mohammed) 7.06.2010