SHAIK ABZAL ALI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition was filed under Sec. 19 of the Administrative Tribunals Act, 1985, to declare the show-cause notice vide Rc.No.A2/5939/2016, dtd. 25/4/2019, issued by the 3rd respondent as illegal, arbitrary and without jurisdiction and set aside the same and to direct the 3rd respondent to continue the petitioner as Junior Assistant-cum-Typist.

(2.) The facts, in brief, are as follows:

(3.) Then, the notice vide Rc.No.A2/5939/2016, dtd. 25/4/2019 was issued by the 3rd respondent calling for explanation of the petitioner within 15 days from the date of receipt of the notice as to why he should not be appointed to the lower rank, i.e., the post of Attender (Office Subordinate) for failure to acquire the requisite qualification of Telugu typewriting higher grade till date even after expiry of stipulated period of 2 years and grace period of 2 more years, failing which treating as no explanation, action proposed would be taken. The present application vide O.A.No.730 of 2019 (WP(AT) No.794 of 2022) was filed assailing the said notice. The 3rd respondent is now contemplating action either to revert the petitioner to a lower post or to discharge him from service in pursuance of G.O.Ms.No.969, G.A (Ser.A) Department, dtd. 27/10/1995. Assailing the notice, dtd. 25/4/2019, similarly situated persons have approached the Tribunal in O.A.No.728 of 2019 and batch and obtained interim orders, dtd. 10/5/2019, in their favour. The operative portion of the order, dtd. 10/5/2019, passed in O.A.No.728 of 2019 and batch reads as hereunder: