COLLECTOR AND DIST MAGISTRATE Vs. M DEENA RAJU

JUDGEMENT

(1.) A short question that arises for decision in this writ petition is whether the respondent herein is entitled to the benefit of the proviso to Clause (b) of sub-rule (14) of Rule 3 of A.P. Ministerial Service Rules, 1966 (for short 'the Ministerial Service Rules'). This question arises in the following factual background.

(2.) The respondent herein, Mr. Deena Raju, was initially appointed as Village Servant during the year 1982 under A.P. (Andhra Area) Village Officers Service Rules, 1969 (for short, the Village Officers Service Rules') on part-time basis. When he was serving as such, in the year 1991 he was appointed to the post of Attender by way of recruitment by transfer with effect from 26-3-1991. At the time of his appointment as Attender in the year 1991, he had passed Matriculation and Typewriting English Lower Grade Examination. The respondent herein made a representation to the petitioner-authorities on 10-3-1996 contending that he is entitled to be appointed as Junior Assistant-cum-Typist in terms of the proviso to Clause (b) of sub-rule (14) of Rule 3 of the Ministerial Service Rules. Since there was no positive response in time to the representation of the respondent, he filed O.A.No.3426 of 1996 in the Andhra Pradesh Administrative Tribunal, Hyderabad (for short 'the Tribunal') and the said O.A. was disposed of by the Tribunal directing the respondents therein to examine the case of the respondent as per the statutory rules for his appointment by transfer as Typist. Even that direction was not complied with by the petitioner-authorities within the prescribed time and, therefore, the respondent filed C.A.No.179 of 1997 which was disposed of on 11-2-1998 directing the petitioner- authorities to consider the representation filed by the respondent. Subsequently, the representation of the respondent was considered and rejected by the District Collector, Guntur District, Guntur by his proceedings D.Dis. No. 3333/97-A6, dated 16-5-1998.

(3.) The respondent being aggrieved by the above order of the District Collector dated 16-5-1998 filed O.A.No.4435 of 1998 before the Tribunal for quashing the said proceedings of the District Collector and seeking declaration that the service rendered by the respondent as 'village servant' is required to be taken into consideration for the purpose of appointing him as Junior Assistant or Junior Assistant-cum-Typist as he had the prescribed minimum general educational qualification as well as technical qualification and for a consequential direction to the petitioner herein to consider his case for appointment as Junior Assistant or Junior Assistant-cum-Typist in the existing vacancies. Opposing the Original application, the petitioner authorities filed their counter.