THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.14789 OF 2009 Dt.19.10.2009 Between: The Chief Executive Officer, Zilla Parishad, Ranga Reddy District, Hyderabad. .. Petitioner And M.Joseph Srinivasulu and others .. Respondents THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.14789 OF 2009 ORDER: (Per Sri Justice V.Eswaraiah) The Chief Executive Officer, Zilla Parishad, Ranga Reddy District, questions the order of the Andhra Pradesh Administrative Tribunal in O.A.No.4738 of 2008, dated 7.11.2008, in allowing the said O.A. filed by the first respondent herein. The first respondent-applicant questioned the order of the petitioner in Rc.No.A2/4382/1998, dated 8.3.2007, reverting him from the cadre of Junior Assistant to the Record Assistant and also to work out the excess payments made as Junior Assistant with effect from 17.12.1992 and submit report for taking necessary action. The said order was set aside by the Tribunal in the order impugned. The parties hereinafter are referred to as they were arrayed before the Tribunal. The applicant was appointed as Record Assistant on 15.2.1983 and he passed S.S.C examination in the year 1 9 8 9 . It is stated that the petitioner earlier filed O.A.No.2609 of 1998 seeking a direction to the authorities to promote him on par with his two juniors from May, 1998 and the said O.A. was disposed of by the Tribunal on 27.8.2003 directing the authorities to examine his case with reference to the Government orders issued specifically G.O.Ms.No.517, dated 29.10.1987, and pass appropriate order. Thereafter, he was promoted as Junior Assistant with effect from 17.12.1992 as he has passed S.S.C examination in March, 1989. It is stated that two of his juniors, who possess S.S.C qualification before issuance of the said G.O.Ms.No.517, dated 29.10.1987 were promoted as Junior Assistants. In so far as the promotion of the applicant is concerned, it is stated that he has not acquired the qualification before 29.10.1987 and therefore the said promotion of the applicant as Junior Assistant with effect from 17.12.1992 was irregular and he was not eligible for promotion to the post of Junior Assistant. Accordingly, a show cause notice dated 5.2.2007 was issued as to why he should not be reverted to the post of Record Assistant. The applicant submitted his explanation to the said show cause notice and after considering the explanation, final order dated 8.3.2007 was passed reverting him from the post of Junior Assistant to the Record Assistant. Aggrieved by the same, the applicant filed O.A.No.4738 of 2008 and the Tribunal after considering the orders of the Government in G.O.Ms.No.517, dated 29.10.1987 and Rule 6 of the Andhra Pradesh Ministerial Service Rules, 1998 found that the technicality of possessing S.S.C qualification according to the cut off date as prescribed in G.O.Ms.No.517, dated 29.10.1987, could have been detected at the earliest point of time, but the authorities have not done the same within a reasonable period and therefore they cannot revert the applicant, inasmuch as the authorities have got power to relax the Rule under Rules 31 and 32 of the Andhra Pradesh State and Subordinate Service Rules, 1996 to obviate the hardship and difficulty to the applicant as the promotion was not on account of misleading or misrepresenting the authorities, but the authorities themselves have promoted him as Junior Assistant and therefore as per the judgments of the Apex Court the reversion order dated 8.3.2007 is unsustainable and accordingly set aside the same. We have heard both the learned counsel. Under Rule 6(1) of the A.P.Ministerial Service Rules, 1998 (hereinafter for short referred to as ‘the Ministerial Service Rules’) no person shall be eligible for appointment to the categories specified in column (1) of Annexure-I to these rules by the method specified in column (2) thereof, unless he possesses the qualifications specified in the corresponding entry in column (3) thereof. The perusal of Annexure-I goes to show that the method of recruitment to the post of Junior Assistants in the offices of Heads of Departments is by direct recruitment or by appointment by transfer and the required qualifications are one must hold a Bachelor’s Degree. Similarly, the appointment of Junior Assistants in the Governor’s household establishment is by direct recruitment only and the minimum qualification is a Bachelor’s Degree. In so far as the appointment of Junior Assistant in the offices other than Heads of Departments and Directorates is by direct recruitment and must have passed Intermediate examination. The Junior Assistant in the offices other than Heads of Departments and Directorates can be appointed by transfer and the minimum qualification is pass in Intermediate examination and must have put in not less than 5 years services in the relevant feeder category. Thus the feeder category for the post of Junior Assistant is Record Assistant. Therefore, it is not in dispute that for promotion to the post of Junior Assistant the minimum educational qualification is Intermediate. Under Rule 6(2) of the Ministerial Service Rules, no person shall be eligible for appointment to any post in the service either by direct recruitment or by appointment by transfer or by promotion, unless he possesses the Intermediate qualification. However, as per proviso to sub-rule (2) of Rule 6 those who were already in service prior to 15th December, 1984 and those appointed in offices other than the Heads of Departments and Directorates prior to 29.10.1987 shall be eligible for appointment as Junior Assistant etc., if they passed S.S.C or any equivalent examination. Therefore, the perusal of the aforesaid proviso to Rule 6(2) is clear without any ambiguity that persons who were already in service prior to 15th December, 1984 and those appointed in offices other than the Heads of Departments and Directorates must be prior to 29.10.1987 and those who have passed the S.S.C or equivalent examination are alone entitled for promotion to the post of Junior Assistant. Admittedly, the applicant has passed S.S.C examination after 29.10.1987 and therefore the applicant is not entitled for the promotion to the post of Junior Assistant from the Record Assistant. The Tribunal held that the authorities have got power to relax the Rule under Rules 31 and 32 of the Andhra Pradesh State and Subordinate Service Rules, 1996. We are of the opinion that the Tribunal having held that the Government have got power to relax the rule requiring the pass of S.S.C., as on the date of promotion i.e., 17.12.1992, ought not to have set aside the order impugned without relegating the applicant to approach the Government seeking relaxation of the educational qualification of passing S.S.C. We are of the opinion that unless the Government relaxes the educational qualification as a special case, the petitioner is not entitled for promotion in 1992, as he has not passed S.S.C examination prior to 29.10.1987. Admittedly, the petitioner has been working as Junior Assistant without any complaint whatsoever to the satisfaction of the authorities for the last 17 years. The promotion of the applicant was not on account of misleading or misrepresenting the authorities, but the authorities themselves found it fit and promoted on their own in 1992. Therefore, we are of the opinion that it is a fit case where the Government shall exercise its power to obviate the hardship and difficulty to the applicant. Having regard to the facts and circumstances of the case, we are of the opinion that the Tribunal had erred in setting aside the reversion order in its entirety without relegating the petitioner to approach the Government for relaxation of the said Rule. Accordingly, we set aside the order of the Tribunal in O.A.No.4738 of 2008, dated 7.11.2008. We also set aside the order dated 8.3.2007 passed by the Chief Executive Officer, Zilla Praja Parishad, Ranga Reddy District, in directing to work out the excess payments made to the applicant as Junior Assistant with effect from 17.12.1992, as it cannot be said that the amount paid to the applicant was excess as he has admittedly worked as Junior Assistant from 17.12.1992 and has been still working. Therefore, the excess amount paid to the applicant cannot be recovered as he has performing the duties of the post of Junior Assistant. In so far as the reversion is concerned, we direct the first respondent-applicant to make an application before the Government within two weeks from today and on filing such application, the Government may consider the same in the light of the observations made above in exercise of powers under Rule 31 of A.P.State and Subordinate Service Rules, 1996, and pass appropriate orders within four weeks thereafter. Till the Government passes the order, status quo obtaining as on today shall be maintained. The writ petition is accordingly disposed of to the extent indicated above. ________________ V.ESWARAIAH, J. _________________ G.CHANDRAIAH, J. 19.10.2009 Note: Issue copy within three days B.O. kpr