K V RAMANAMMA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The writ petition is filed for a direction to respondents 2 and 3 not to revert the petitioner from the post in Category V to a post in Category VIII, to direct the 3rd respondent not to give effect to the proceedings of the 2nd respondent in Re. No.42448/89 Cr. 1(B) dated 9-10-1989 and to further direct the 3rd respondent to send the petitioner for co-operative training as per the appointment order dated 22-8-1989.

(2.) The petitioner is the daughter of one K. Venkat Reddy who was working as Branch Manager of the 3rd respondent- Bank. He died on 1-3-1989. The petitioner sought an appointment as Cashier or Clerk in Category V in accordance with the instructions issued by the Government in G.O.Ms. No.623 Food and Agriculture Department dated 26-10-1978. The 3rd respondent issued order dated 22-8-1989 temporarily appointing her as Shroff in Category V in Markapur Branch. She was required to produce the original certificates in support of her educational qualifications and also give an undertaking that she would undergo Co-operative Training successfully at her cost within a period of three years from the date of her joining. The petitioner jointed duty on 25-8-1989. The General Manager of the third respondent-Bank sought exemption from the 2nd respondent, as there was ban on appointments on the Co-operative Central Banks. In response thereto, the 2nd respondent sent a communication on 9-10-1989 permitting the third respondent to appoint the petitioner to a post in Category VIII on compassionate grounds. Aggrieved by the communication of the 2nd respondent permitting appointment of the petitioner to a post in Category VIII instead of to the post of Shroff in Category V, the writ petition is filed.

(3.) The 2nd respondent filed a counter-affidavit. It is submitted by the 2nd respondent that for the post of Clerks/ Supervisors and other posts in Category V the minimum educational qualification is a degree of any recognised University and cooperative training. In the case of Paid-Secretaries who are permitted to the post in Category V in the ratio of 9 : 1 the qualification is Intermediate, with full term of short-term course of co-operative training. It is also stated that the 3rd respondent appointed the petitioner contrary to the instructions issued by the 2nd respondent in regard to educational qualifications for the post in Category V and the Registrar issued a letter dated 11-5-1990 requesting the 3rd respondent to terminate the services of the petitioner in Category V and appoint her to a post in Category VIII to which the petitioner is eligible as the petitioner passed Intermediate examination. The Registrar ha's also requested the 3rd respondent to recover the difference of salary from the date of her original appointment to Category V to the date of termination. The petitioner is not eligible to a post in Category V with reference to the qualifications and, therefore, the appointment of the petitioner as Shroff is contrary to the instructions issued by the 2nd respondent in proceedings Rc.5199/79 C.1 (a) dated 15-3-1979.