M.Srinivasulu S/O Ramaiah, v. The State Of Andhra Pradesh, Rep.By Its Principal Secretary
HON'BLE SRI JUSTICE SURESH KUMAR KAIT & HON'BLE DR JUSTICE SHAMEEM AKTHER W.P. Nos. 14886 and 14857 of 2017 COMMON ORDER:- (ORAL) (Per Hon'ble Sri Justice Suresh Kumar Kait) Inasmuch as common question of fact and law are involved in the two writ petitions, therefore, these matters are taken up together for disposal by this Common Order. While W.P.No. 14886 of 2017 is filed against the Common Order dated 01.03.2017 in O.A.No. 496 of 2017, the other W.P.No.14857 of 2017 is filed against the same order in O.A.No.495 of 2017 passed by the Tribunal, whereby both the O.As. are dismissed.
It is not in dispute that the petitioners were working as Village Revenue Assistants and possess SSC qualification. The qualification for the post of Village Revenue Officer was enhanced from SSC to Intermediate by virtue of the orders issued in G.O.Ms.No.1866 Revenue (VA) Department dated 11.11.2011. However, subsequently, the Government issued orders in G.O.Ms.No. 231, dated 11.04.2012 to the effect that persons who are working as on 11.11.2011 shall have to be considered for appointment by transfer as Village Revenue Officers if they possess qualification of Secondary School Certificate (SSC or 10th Class) examination, and such persons, however be required to pass Intermediate Public Examination
SKK,J & Dr.SA,J WPs_14886 & 14857_2017 conducted by Andhra Pradesh State Board of Intermediate Education or its equivalent examination by 11.11.2016, failing which, the candidate shall be liable for reversion to the original post from the date on which the candidate was appointed as Village Revenue Officer.
The learned counsel for the petitioners submits that before the petitioners were reverted from the aforesaid post, no show cause notices were given to the petitioners. This Court, while hearing the present petition has given opportunity to the learned counsel for the petitioners to furnish material if any which will clarify the order passed by the Tribunal. The learned counsel for the petitioners submits that some of the petitioners passed Intermediate examination in the year 2017, thus, they are qualified for promotion to the posts of Village Revenue Officers.
The fact remains that the prescribed date by which the required educational qualification to be acquired for the said post was 11.11.2016. It was clarified that the candidate shall be liable for reversion to the original post if the requisite qualification or its equivalent is not acquired by 11.11.2016. Admittedly, the petitioners have failed to acquire the required qualification for the posts of Village Revenue Officers by 11.11.2016.
SKK,J & Dr.SA,J WPs_14886 & 14857_2017 We note, the relevant Rules were amended in the year 2012 by giving facility for promotion with effect from 11.11.2011 with the stipulation to acquire higher qualification of Intermediate within a period of five years, and thereafter, the prescribed period of limit ended by 11.11.2016. In view of the above, the Tribunal dismissed the O.As. Hence, we find no illegality or perversity in the Common Order passed by the Tribunal.
We find no merit in the writ petitions and the same are accordingly dismissed confirming the Common Order dated 01.03.2017 passed by the Tribunal in O.A.Nos. 496 and 495 of 2017.
As a sequel, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.
_____________________ SURESH KUMAR KAIT, J 19.06.2017 ______________________ DR. SHAMEEM AKTHER, J bcj