K SUKUMARI Vs. GOVERNMENT OF ANDHRA PRADESH HYDERABAD

JUDGEMENT

(1.) A short question that arises for consideration in this Writ Petition is whether the order passed in VMA No.74 of 1998 in MA No.339 of 1998 in OA No.480 of 1998 dated 27-2-1998 by the Andhra Pradesh Administrative Tribunal could be sustainable ?

(2.) Facts in brief are as under: The petitioner and the third respondent were directly recruited to the post of Sub-Inspector of Police (woman) in the year 1989. After successful completion of the training at the Police Training College, Anantapur, petitioner was given posting as Sub-Inspector (woman) of Police in the City of Hyderabad and ever since she has been continuing in the said post for more than nine years. Petitioner's probation in the category of Sub-Inspector of Police (woman) was also declared and she is receiving all the consequential benefits pursuant thereto. The third respondent who was also recruited along with the petitioner as Sub-Inspector of Police (woman) was required to pass a language test in Telugu as provided under Rule 13-A of A.P. State & Subordinate Service Rules (for short "Subordinate Service Rules") and the effect of not passing the language test in Telugu would be the probation would be extended and increments in the time scale of pay shall also be postponed with cumulative effect until the said test is passed. According to the petitioner, as required under Rule 13-A of the Subordinate Service Rules, the third respondent has not passed the language Test in Telugu even as of today. Petitioner further states that Rule 14 of A.P. Police Subordinate Service Rules (for short "Police Service Rules"-) also contemplates for passing a language Test in Telugu in terms of Rule 13-A of Subordinate Service Rules.

(3.) Petitioner complains that though the third respondent has not passed the mandatory test in Telugu language in terms of Rule 13-A of the Subordinate Service Rules, the second respondent has declared the probation of the third respondent in the category of Sub-Inspector of Police (woman) with effect from 15-1-1991, by his proceedings dated 21-1-1992 after obtaining an undertaking from the third respondent that she will appear for the language Test in Telugu to be conducted by the A.P. Public Service Commission in due course.