Saladi Jeevaratnam v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE M.GANGA RAO WRI T PETI TI ON No.45177 OF 2017 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) The petitioner is the applicant in O.A.No.9958 of 2012 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad. His prayer therein was to declare the action of the respondent authorities in not regularizing his services as a Village Revenue Officer with regular pay scale from the date of his appointment in the year 2002 as illegal and to consequently direct the authorities to regularise his services as a Village Revenue Officer with fixation of regular pay scale with effect from the date of his initial appointment as a Panchayat Secretary. By order dated 29.03.2016, the Tribunal held the petitioner disentitled to the relief prayed for and dismissed the O.A.

Admittedly, the petitioner did not possess the requisite qualification of a pass in tenth class at the time of his appointment to the post of Panchayat Secretary, subsequently re-designated as a Village Revenue Officer. He passed the tenth class examination only on 05.05.2011. It appears that he was regularised in service after acquisition of the said qualification and was placed on the regular timescale of pay applicable to the post of Village Revenue Officer, under proceedings dated 01.02.2012 of the Collector, East Godavari District.

This being the admitted fact situation, the petitioner is clearly not entitled to regularization in service as a Village Revenue Officer from a date earlier to his acquiring the requisite qualification. We therefore find no error in the order passed by the Tribunal holding to the effect that he would not be entitled to regularisation in service or payment of regular

time scale from a date earlier to acquisition of the requisite qualification by him.

The writ petition is devoid of merit and is accordingly dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

_________________ SANJAY KUMAR,J _________________ M. GANGA RAO, J Date: 20.03.2018 IBL