D.l\rleena Kumari v. 1. The Director General of Police

Smt. D.lvleena Kumari, W/o. Late NSN Prasad, aged about 49 years, Junior Assistant-cum-Typist, 0/o lT and C, DGP Office, Lakdi-ka-Pool, Hyderabad. ..,..RESPONDENT/PETITIONER Petition Under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders daled:2O11o12022 in l.A.No.1 ol 2022 in W.P.No.39096 of 2022 Counsel for the Petitioner : SRI RANGARAJULA RAJASEKFIARA RAO Gounsel for the Respondents : AGP FOR SERVICES (HOME) The Court made the following ORDER HON'BLE MRS, JUSTICE SUREPALLI NANDA WRIT PETITION No.39O96 oF 2022 ORDER: Heard Sri Rangarajula Rajasekhara Rao, learned counsel appearing on behalf of the petationer and learned Assistant Government Pleader for Services (Home), appearing on behalf of the respondents.

2. The petitioner filed the writ petition seeking the following relief " .. to issue a Writ more in the nature of Writ of Mandamus or any other writ order or direction, to declare the rmpugned order of the l't Respondent bearing C.No.777 t/At/Police(IT and C-TS)/2022, dated 11-10- 2022, directing the petitioner to give willingness/ unwrllingness to be reverted/a ppointed as Office Sub- ordinate in Police (IT and C) is totally illegal, arbitrary, u n constitutiona l, irrational and violation of Arts.14 and16 of the Constitution of India , though the petitioner is having the requisite qualification according to TS Ministerial Service Rules and set aside the same and consequently direct the Respondents to continue the petitioner as lunior Assistant-cum-Typist with all consequential benefits and to pass...". SN, J wP 19096 2022

3. The case of the petitioner in brief, is that the petitioner was appointed on compassionate grounds as Junior Assistant- cum-Typist, by the 1'r Respondent in view of death of the petitioner's husband while in service, with a condition that the petitioner has to acquire the Typewriting F igher Grade Examination in Telugu within a period of two years. But the petitioner has passed Typewriting Higher Grade in English as well as Telugu Typewriting in Telugu. The petitioner made a representation to the 1't respondent for exemption of passing Typewriting Higher Grade in Telugu but the same way considered. Thereafter, 1'r respondent issued tt)e impugned order dated 7t.70.2022 calling for petitioner,s willing ness/u nwilling ness to be reve rted/a ppoin ted to the post of Office Sub-ordinate in Police (IT & C) on the ground that the petitioner has not passed Typewriting Higher Grade Examination (Telugu) in time. Aggrieved thereby the petitione- approached the Court by filing the present writ petition.

4. PERU SED THE RECORD (A) The imouqned order dated 11.1o.2.022 issued bv the l"t ResDondent is extracted hereu nder: 7/ SN, J \tP 39096 2022 Office of the, Director General of police, Technical Services, Telangana State, Hyderabad. C.No. 777 t / A7 / Potice( IT&C.TS ) / 2022, dated : 11.10.2022 IVl E MO RAN DUM Dated 25.08.2018. Sub:- Police (tT & C)- Smt.D.Meena Kumari, Jr. Asst,cum Typist appointed on compassionate grounds on conditional basis on 27.O8.2O18 FN has not passed Typewriting Higher Grade Exa.mination in Telugu in time _ C"a inq for her willingness/unwillingness to be reverted/a ppointed to the post of Subordinate in poljce (jT&C) - Regarding. Ref :- 1. D.O.No.564/2018, C. No.1771lA 7/1CO_TS/20r7_t}, 2. Memorandu m C.No.1777/AU potice( IT&C_TS)/2021, 3. Representation dt : 02.11.2021 of Smt. D. meena Kumari, 4.Memorandum No.1ao2o/2/97. Estt. (D), Ministry of personnel, p.G. and pensions (Department of personnel and training) Dt : 29.09.1992 oF Government oi tnOia. 5. This oFfice ttter C.No.1771lA1lpotice (IT&C_TS)/2022, Dt | 27.O5.2022 addresed to the DGp, Telantana State. 6. Rc. No.22 6/M E.3/2022, dr: 07.O7.2022 of DGp;Teiangana 7. Memorandum Rc,No .226/ME/ 2Q22 of DGp, Telangana lr. Asst.-cum-Typist, Dated 16.11.2021. State. State.

8. Memo No.77 62/Set.tII/ A1/ZOZ2 ofGovt. ofTetangana, Home (Ser.III) Dept.Dt : LZ.OB.2022. 9. G.O.Ms.No.969 of Generat Admn (Ser.A) Dept Dt :

27.70.7995. ***+r. 1. Smt, D. Meena Kumari, Jr Asst cum typist was appointed on compassionate grounds on conditionar basis on 27.:,og.2018 FN vide 1" cited with a condition that ,,She has to pass the Typewriting Higher Grade Examination in Telugu within a -perjod of (02) yeari'from th6 Oate of ioininj duty, as per.G.O.Ms.No.969, GAD (Ser.A), oiOizz.io.Ggs, faiting which her services are liable to be terminated as pei rules in force,,. 2, Vide reF 2d cited the individual was given time upto 26.08.2022 AN as grace period to acquire "Requisite euarific;tion', upon her request vide her representation Dtd:02.11.2021 and the individual was informed that if she 4 \\ | ()( )'){, -'012 t\ l' I fails to submit "Requisite Qualification Certrficate" \r'/ithrn g!/en trftte, aclron will be taken as per rules in force.

3. The individual vide her representation ref 3''i oted submitt,ld Memorandum oF Government of India ref 4th cited and requested to e(empt her From passing of the Type Writing Examination in pursuant to t le ref 4'h cited. Therefore a letter vide ref 5th cited was addressed to the {)Gp, TS seekrng clariFication whether Smt. D.Meena Kumari, _lr Asst cum ryp st is eligible for exemption of Typewriting Higher Grade Examination rn Telugu based on 14emorandum ref 4th cited. The DGp, Telangana State har, addressed the matter to Government vide ref 5th cited.

4. Now the DGP, Telangana Stare vide Momorandum rr:f 7(r' Govt Mema ref 8th cited wherein tt ts rnFc rmed forwa rded [4emorandum ref 4th cited does not pertain to this state Gove nment staff ancl therefore requested to take necessary action as per the (rrders rssued in G.O.MS.No.969 of General Admn (Ser.A) Dept Did: 2?.1O.1995 rmmediatety. c rted

5. Further in G.O.MS.No,959 of General Admn(Ser. A) Dept Did:27.10.1995 ref 9th cited it is informed as follows, a) the Government after careful examination of the matt?r, hereby direct that in cases of dependents of the deceased Governn,ert employees, who do not possess the minimum Educationat qualtFrcation or Typewriting qualification prescribed for the post to which they re appointed with a condition to acquire such requisite qu)ttficatrcn within the stipulated prescribed in the G.Os ((J) G.O. Ms. No.612/Ser.A) Dept, Drd: 30.10.1991, (ii) G.O. Ms.No.527(Ser,A) Dept. Did 29.1o.1993, (iii) G.O.Ms.No.76(Ser. A) Dept. Did: 15.03.1995), fait to acquire such requisite qualification within that stipulated time, such candidates may be allowed/given a further period of 2 more years ove- and above the period prescribed in the G.Os read above as a grace period to acquire such requisite Educational or Typewriting qualificatiort prescribed for the post to which they were appointed. b) Government also direct that if the candidate concernea fails to acquire the requisite Educational or Typewriting qualifications 1t iven within the above extended grace period, then he/she may be considered for appointment for a lower post such as an Attend)r where such Educational or Typewriting quatification is not prescribed and accordingly he/she may be appointed in a lower post such as an Attender as if he/she is a fresh candidate, after obtaining the willingness of the candidate. If he/she is not willing to take the lower post it shall be treated that there are no compelling reasons of poverty and such candidate be discharged from service. 6, With regard to Govt instruction mentioned at para.5(a), Smt. D.Meena Kumari, Jr Asst cum typist was already given time upto 26.08.2022 AN as / l l I i I I I I I i i / 5 \\- J \\P r()(r)6 ) 02, grace period to acquire "Requisite Qualiflcation" vide ref 2''', crted upon her request vide her representation Dtd:02.11.2O21 and the individual was informed that if she fails to submit "Requisite Qualifrcation Certrticate' within gaven time/ action will be taken as per rules in force.

7. The indivldual has failed to acquire "Requisite eualificatron', within the extended grace period ie 26.08.2022 AN and as per Govt tnstructions mentioned at Para.5(b) Smt. D. Meena Kumari, Jr Asst cum typist shall be considered tor appointment for a lower post such as an attender where such Educational or Typewriting qualification is not prescribed and she shall be appointed in a lower post such as an attender as a fresh candidate, after obtarning the willingness of the individual. a. Therefore Smt. D Meena Kumari, Junior assistant cum Typist, police (IT&C) is directed to submit within (15) days from the dare of this Memorandum whether she is willing or unwilllng to 9et appointed to the vacant post of Office Subordinate in Police (lT&C) for not acquiring "Requisite Qualification" within the extended grace period ie 26.O8.2022 AN. Smt. D.Meena Kumari, Junior Assistant cum Typist, police (IT&C) is further informed that if she submit her unwillingness to take the lower post it shall be treated that there are no compelling reasons oF poverty and hence she will be discharged from service. If the individual doesn't submit her willingness/ unwillingness within prescribed time as stated above, then it will be presumed that she is unwilling to get appointed to the post of OFfice Subordinate in Police (IT&C) and necessary action will be taken as per rules an force.

9. Receipt of this Memorandum shall be acknowledged Directo r General of Poljce, Technical Services, Telangana State, Hyderabad. Encl: Ref 7th, 8th and 9th cited. To Smt. D.Meena Kumari, Junior Assistant cum Typist, police (IT&C), Telangana State, Hyderabad through Administrative Officer, police (IT&C), Tetangana State, Hyderabad. (B) v h r Darticu !ar Dara Nos.g and O are extracted h ereu nder: 6 wl i9096 :'oll "9. Further it is submitted that the petitioner is )raying for exemption from the passing of Typewriting Exantination as was exemption accorded in accordance with the GO Ms.No. 116, GA (Ser.B) Dept, Dad: 29.02.2OO8, in which rhe Government relaxed the rule 23 of A.P. Ministerial Service Rules-1966 in favour of Junior Stenographers who were appointed between 05.03.1987 to 14.07.1998 as to the requirement of passing Typewriting Higher in Telugu and Shorthand Higher Grade in Telugu and there services shall be regularized with efrect from the date of their appointment, provided that they have acquired the qualification prescribed in the A. P. Ministerial Sen,ice Rules- 1998. In this instant case, the petitioner has been appointed to the post of Junior Assistant-cu m-Typist not to the post oF lunior Stenographer as stated in the said GO. The GO cannot be applicable to the petitioner as requested by her

10. Further, the petitioner mentioned another (jO, ie. GO MS.No. 68, Finance (Admn III) Dept., Dtd: 11.03,12010, in which relaxation orders were issued as one time measure from passing Typewriting English Higher grade/Ce rtificate courses in computers to the Junior Accountants apl)ointed on compassionate grounds in Treasury and Accoun.,s Service and working as on 27.1O.2O07 but could not acquire the said qualifications in relaxation of Rule-6 of A.p. Treasury (Sub) Service Rules in favour of 46 individuals. But in this instant case of the petitioner, the said GO will not be apl)licable as the GO was issued for the Junior Accounts officers of Treasury & Accounts who were working as on 27.10.2007 as one time measure, but the petitioner has been appointed on 25.08.2018 and joined for duty on 27.08.2O18,,. * 1 sN..l \\ | i,ir r' )1, l(lll (c) The interim order of this Court dated 2O.1O.2O22 passed in the Dresent writ petition, is extracted hereunder: ",..1n that view of the matter, pending disposal of the writ petition, there shall be interim suspension of the impugned order of the 1't respondent bearing C.No.1771lA1lPolice (IT&C-TS)/2022, dated 77.10.2022, till the next date of hearing i.e., 77 .71.2022..." The said interim orders dated 20.10.2022, are in force even as on da te. DISCUSSION AND CONSLUSION:

5. The learned counsel appearing on behalf of the petitioner contends that similar relief had been extended to petitioners in W.P.No.13595 of 2O2L vide orders oF this Court dated

28.06.2023 and also petitioners in W.P.No.17966 of 2020 vide orders of this Court dated 16.04.2021 and hence petitioner herein is also entitled for similar relief.

6. Learned Assistant Government Pleader for Servlces (Home), appearing on behalf of the respondents placing reliance on the averments made in the counter affidavit filed on behalf of 8 SN. J wP 39096 2022 the respondents, in particular para Nos.9 and 10 contends that in view of the fact that petitioner did not acquire Telugu Typewriting Higher Grade within the stipulated per od as per the order of appointment dated 25.08.2018 issued to the petitioner by the 1't respondent, lhe petitioner cannot continue in the said post and therefore, the impugned proceedings dat€d 11.10.2022 had been issued to the petitioner by the 1st re:spondent for submitting the petitioner's willing ness/u nwillingness to take the lower post i.e. post of Office Subordinate in police (IT&C) and hence the same was justified and there is no illegality in the said letter dated 77.1O.2022.

7. A division bench of A.p. Hiqh Court in the Judoment dated 14.O8.2019 oassed in W.p.No.11321 of 21O19 in ..The Gaz ed Librari n and an ther v. C . Siri sha", while dealino with an identical situation as tn he oresent case, tnDarticular. Daras observed as u nder: "In the above background, now the issue th,rt emerges for consideration of this Court is; "Whether the order passed by the Tribunal is sustainable and tenable and whether the same n/arrants any interference of this Court under Article 226 of the Constitution of India? --7. /'. () s#i wP-re0e6 It is no doubt true that, pursuant to the unrortunate death of the respondent's husband, while working as Senior Assistant, the applicant-respondent was initially appointed as a Typist with a condition that she should acquire the necessary qualification in Typewriting within a period of two years from the date of initial appointment. It is a,so not in controversy that, despite the time granted by the authorities, the respondent herein could not acquire the necessary qualification, as per the said condition. It is not in dlspute that the applicant herein is a graduate in Computers and also possesses pGDCA and also possesses Typewriting English Lower Grade qualification. It is pertinent to note that the State Government granted relaxation in favour of certain class of employees, vide G.O.Ms.No.116, GA (Ser.B) Department, dated 29.O2.2008, having noticed the nonexistence of Typewriting training institutions It in 2O1O also the Government oranted cont versv that tion fr of Tr Tribun is also n t ta ni T 1r n D en n- n institut ions and the u aoe of ComD ers in all the offices. The deoree rea titv aDart T JT h f m the remarn s c m tion i n DCA that the aopticant has not discharged her duties oroperlv due to the lack of Tvoewritino Hioher Grade oualification, A perusal of the order passed by the Tribunal, in clear and vivid terms, discloses that the Tribunal, after elaborately and meticulously considering various issues, including the relaxation given by the State Government. by way of the above referred Governmental Orders, and also the present situation, with l0 \\. \\ t) -ii)0!6 t0ll regard to the non-usage of type machines and the usage of Computers, came to the conclusron that the very' insistence of the respondent authorities cannot be sustained. It is settled and well established prlnciple of law that a writ in the nature of a writ of certiorari cannot be issued, under Article 226 of the Constitution of India, unless the impugned action suffers from jurisdictional error and patent perversity. In the considered opinion of this Court, the said contjngencies are conspicuously absent in the case on hand. For the aforesaid reasons, Writ Petition is dismissed. There shall be no order as to costs."

8. The Apex Court in the Judgment reported in 'H.L.Trehan v. Union of India' reported in 1!189 (1) SCC 764 held that once the case of one employee i:; decided by the competent court the other identicitlly placed employees should be given the same benefit without any further litigation.

9. This Court opines that the order impugned dated 11.10.2022 issued to the petitioner callingt upon the petitioner to submit her willingness to be appointed to the post of Office Subordinate in Police (IT & C) a<lmittedly as borne on record is without considering the specific pleas put forth by the petitioner vide petitioner,s reprresentation / sN. l $ P le0qa, 1022 dated 27.O2.2O19 requesting the respondents to relax the condition of acquiring Telugu Typewriting Higher Grade. This Court opines that there is no justification in insisting on the saad condition an view of the law laid down vide Division Bench of A.P. High Court in the ludgment dated

14.08.2019 passed in W.P.No.11321 of 2O19 (referred to and extracted above).

10. This Court opines that the order impugned dated LL.LO.2O22 issued by the l't respondent is contrary to the view of the Division Bench of A.P. High Court in the judgment dated 14.08.2O19 in W.P.No.1132l ol 2Ol9 (referred to and extracted above), and hence petitioner is entitled for grant of relief of reconsideration of subject issue by the l"t respondent in accordance to Law within a reasonable period.

11. Takinq into eonsideration: (a) The aforesaid facts and circumstances of the case, (b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned t2 S\ J wP r9096 I0r: Assistant Government Pleader for Servicr:s (Home), appearing on behalf of the respondents, (c) The observations of the Division B,ench of A'P. High Court in the judgment dated 14'08.2019 in w.P.No.11321 ol 2019 (referred to and extracl:ed above), The writ petition is allowed and the respondents are directed to re-consider the subject issue as lrut forth by the petitioner in the representation dated 08.09.2022 addressed to the 1't respondent pertaining to the request of the petitioner to relax condition of acquiring Telugu Typewriting of Higher Grade by the petitioner, without reference to the impugned letter issued to the petitioner dated 11.10.2022, by the 1"t respondent, in a<:cordance to law, duly taking into consideration the observ;rtions in the Division Bench of A.P. High Court Judgtnent dated

14.08.2019 passed in W.P.No.11321 of 2O19 (referred to and extracted above), and the fact that the said benefit had been extended to other identically placed employees like the petitioner herein, which in fact had not even been disputed by the learned counsel appeqring on behalf of the respondents, within a period of four (4) weeks from { mffi:r ../ itt',/ .:/ t3 \\. I \\ lr i,)(19r, :l)ll the date of receipt of a copy of this order and d uly communicate the decision on the petitioner,s representation dated OA.O9.ZO2Z to the petitioner. However, there shall be no order as to costs. The miscellaneous applications, pending if any, shall stand closed //TRUE COPY// SD/. MOHD. ISMAIL DEPUry REGISTRAR SEMorr'..* To 1 2 3 4 The Director General of Police, Technical Services, Telangana State, Hvderabad. ii" pti""'prr Secretary, Home Secretariat, Sate of Tela-ngana at Hyderabad r*o cc;. io GP FoR SEnuces (HoME), High Court for the State of Telangana at HYderabad. (OUT) one ct to snr Two CD Copies 'nnruonnnluu RAJASEKHARA RAO, Advocate [oPUC] \ SA PVL HIGH COURT DATED:2410612025 o\{ ( f.r- ( o () 10 tiEP 2E * a(: rJ/ ra Lr t1 ORDER WP.No.39096 of 2022 ALLOWING THE W.P WITHOUT COSTS.