Andhra Pradesh High Court - Amravati
Boja Sharon vs The State Of Andhra Pradesh, on 3 July, 2025
APHC010218822024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3506]
(Special Original Jurisdiction)
THURSDAY, THE THIRD DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN
WRIT PETITION NO: 11033/2024
Between:
1. BOJA SHARON, D/O. BOJA RAMA TULASI (LATE) AGED
ABOUT 26 YEARS, R/O.DOOR NO.58-28-14, GANDHI
NAGAR, NEAR CHURCH, BUTCHIRAJU PALEM,
VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. ITS PRINCIPAL
SECRETARY, AGRICULTURE AND COOPERATION
DEPARTMENT, ROOM NO. 101, SECRETARIAT,
VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT- 522238.
2. THE COMMISSIONER AND DIRECTOR OF AGRICULTURE,
GOVERNMENT OF ANDHRA PRADESH, OLD MIRCHI YARD,
BESIDES RYTHU BAZAAR, CHUTTUGUNTA CENTRE ,
GUNTUR -522004, GUNTUR DISTRICT.
3. THE DISTRICT AGRICULTURE OFFICER, TUMMAPALA,
ANAKAPALLI, ANAKAPALLI DISTRICT, (FORMERLY
VISAKHAPATNAM DISTRICT)
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that
in the circumstances stated in the affidavit filed therewith, the High
Court may be pleased to issue an order, writ or direction more
particularly in the nature of Writ of Mandamus directing the
2
CGR, J.
W.P.No.11033 of 2024
respondents to take immediate action for regularization of services of
the Petitioner in the cadre of Junior Assistant w.e.f. 27.02.2019 FN in
view of acquiring the requisite qualification of B.Com Bachelors
Degree in stipulated time as per the conditions of Appointment as
Junior Assistant as illegal arbitrary and violative of article 14, 21
constitution of india and consequently direct the respondents to
declare the probation of the Petitioner as satisfactorily in the Cadre of
Junior Assistant in view of completing of more than 5 years of service
of Junior Assistant w.e.f. 26.02.2023 AN and pass such
Counsel for the Petitioner:
1. DHANA RAJU GUNTU
Counsel for the Respondent(S):
1. GP FOR AGRICULTURE
The Court made the following:
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CGR, J.
W.P.No.11033 of 2024
THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN
Writ Petition No.11033 of 2024
ORDER:
The present writ petition is filed questioning action of respondents in not regularizing services of petitioner in the cadre of Junior Assistant considering her initial date of appointment i.e., 27.02.2019 in terms of G.O.Ms.No.69 General Administration (Ser.B) Department, dated 24.07.2023, as illegal and arbitrary.
2. Petitioner has been appointed on compassionate grounds as Junior Assistant by proceedings, dated 27.02.2019. One of the conditions attached to the aforesaid appointment was that petitioner had to acquire Bachelor's Degree within five years from the date of appointment as she then only passed 10th Standard. Petitioner stated to have acquired Degree on 18.07.2022 well within time. Petitioner was also required to pass examination in Computer Proficiency Test, which came to be introduced by G.O.Ms.No.69, dated 24.07.2023, within two years. By G.O.Ms.No.69, dated 24.07.2023, Government had extended time for passing the said examination by two years from the date of issuance of the said order. Petitioner had passed the examination on 21.02.2023 well within time. Thereafter, petitioner requested for regularization of her services considering the date of 4 CGR, J.
W.P.No.11033 of 2024initial appointment in the cadre of Junior Assistant, as the same is not being considered, she preferred the present writ petition.
3. Respondents filed counter-affidavit, however, they have not disputed the factum of petitioner being appointed on compassionate grounds and that she secured Degree on 18.07.2022 and passed the Computer Proficiency Test on 21.02.2023. However, stated that petitioner is not entitled to be considered for regularisation, treating her initial date of appointment as G.O.Ms. No.69, dated 24.07.2023, has no application to her.
4. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Services-II appearing for the respondents, who reiterated the submissions as pleaded in the writ affidavit and counter-affidavit respectively.
5. Facts in the present case are not in dispute. The issue boils down to applicability of G.O.Ms.No.69, dated 24.07.2023. Para.7 of the said G.O. reads as under:
"The Government, after careful examination of the matter, hereby dispense with the qualifications of passing the Typewriting examination both in Telugu and English for the post of Typist/LD Typist/UD Typist/Typist-cum-Assistant, to those who were appointed on compassionate grounds. However, they shall pass the Computer Proficiency Test (CPT) as prescribed in G.O.Ms.No.26, G.A. (Ser.B) Dept, dt.24.02.2023, within a period of two (2) years from the date 5 CGR, J.W.P.No.11033 of 2024
of issue of these orders. Government also direct that those candidates who were appointed on compassionate grounds, who pass the Computer Proficiency Test (CPT) within two years from the date of issue of these orders, their services shall be regularized from the date of their initial appointment as Typist/LD Typist/UD Typist/Typist-cum-Assistant as the case may be and their probation shall be declared accordingly in relaxation of G.O.Ms.No.151, G.A. (Ser.G) Dept, dt.22.06.2004."
6. A reading of aforesaid para goes to show that Government Order categorically laid down that candidates who have passed Computer Proficiency Test within a period of two years from the date of issuance of the said G.O., are entitled to be regularized from the date of their initial appointment and their probation shall be declared accordingly. In the present case, petitioner was appointed as Junior Assistant on 27.02.2019 and she possessed only 10th Standard then. Later, she acquired Degree within the stipulated time on 18.07.2022. She also passed the Computer Proficiency Test on 21.02.2023, which is clearly even before issuance of G.O.Ms.No.69, dated 24.07.2023. As the said G.O. extended the time for passing Computer Proficiency Test by two years from the date of issuance of said G.O., candidates who passed Computer Proficiency Test even before issuance of said G.O. are also covered under para.7. There is no ambiguity with respect to the same and the petitioner, therefore, needs to be considered for regularisation treating her initial date of appointment in the cadre of Junior Assistant as 27.02.2019. In this view of the 6 CGR, J.
W.P.No.11033 of 2024matter, having regard to the aforesaid observation, the writ petition has to succeed.
7. Accordingly, the writ petition is allowed directing the respondents to regularise the services of the petitioner in the cadre of Junior Assistant with effect from 27.02.2019, the date on which she was appointed, by declaration probation in terms of G.O.Ms.No.69, dated 24.07.2023. No order as to costs.
As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed.
_____________________________ JUSTICE CHALLA GUNARANJAN Date:03.07.2025.
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