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K. Satyanarayana Reddy v/s The State of Telangana, Rep. by Its Principal Secretary Agriculture and Cooperation Seri Department Secretariat Hyderabad & Others

    W.P. No. 11641 of 2019

    Decided On, 15 November 2022

    At, High Court of for the State of Telangana

    By, THE HONOURABLE MRS. JUSTICE SUREPALLI NANDA

    For the Petitioner: A. Thirupathi Goud, Advocate. For the Respondents: G.P. for Agriculture.



Judgment Text

Heard learned counsel for the petitioner and learned Government Pleader for Agriculture.

2. This writ petition is filed to issue Writ of Certiorari calling for records relating to the impugned Proc.Rc.No.800/2012-B3A, dated 23.04.2019 issued by the 2nd respondent and quash or set aside the same and consequently hold that the petitioner is entitled for sanction of Automatic Advancement Scales on completion of 12/18 years of service in the category of Farm Foreman Grade0II (Technical Officer) by duly counting his service from the date of his promotion to the said post i.e. on 16.12.1991 or at least from the date of completion of 45 years of age and exempted from passing the departmental test on 30.09.1998 in terms of G.O.Ms.No.225, GAD, dated 18.05.1999 with all consequential benefits including revision of pension and other retirement benefits.

3. The case of the petitioner, in brief, is as follows:

a) The petitioner was originally appointed as Operative with effect from 21.06.1989 and his services were regularized and probation was also declared. While so, the 3rd respondent issued proceedings Rc.No.E/1780/99, dated 01.09.1999 withdrawing the increments sanctioned to him during the years 1993, 1994, 1995 and 1996 on the untenable ground that he had not passed departmental tests within the prescribed time as per conditions stipulated in the promotion orders.

b) The petitioner challenged the said orders in O.A.No.6007 of 1999 before the Tribunal and the Tribunal issued interim direction on 08.10.1999 suspending the impugned orders dated 04.08.1999 and 01;.09.1999 and directed the respondents to draw the same which the applicants were drawing prior to the issuance of the impugned orders.

c) The petitioner was reverted to the post of Farm Foreman Grade II (Operative) on 02.09.2000 on untenable grounds that he has not passed departmental tests prescribed for the post of Technical Officer within the prescribed time limit.

d) On the date of petitioner’s reversion, he crossed 45 years of age. Aggrieved by the same, the petitioner filed O.A.No.8428 of 2000 before the Tribunal. The Tribunal granted interim direction in the said OA on 22.12.2000, directing the respondents to continue the petitioner as Technical Officer since he had completed 45 years of age and further Farm Foreman Grade II is the first stage of promotion in the service as per G.O.Ms.No.225,GAD, dated 18.05.1999.

e) Based on the said directions, the Government issued memo dated 15.02.2001 directing the 2nd respondent to take further action in the matter and accordingly, the respondents issued proceedings dated 10.04.2003 promoting the petitioner to the post of Farm Foreman Grade-II on regular basis consequent on passing of departmental tests. Based on the said memo dated 15.02.2001 produced before the Tribunal, the Tribunal closed O.A on 06.03.2004 as no further orders are necessary.

f) As the petitioner continued in the post of Technical Officer, he would have been entitled for 12 years increment in terms of the Government policy, but the respondents are counting the services of the petitioner in the post of Technical Officer w.e.f. 2003 onwards i.e. the date of passing departmental tests which is totally illegal. Therefore, this writ petition is filed.

4. The counter filed by the respondents, in brief, is as follows:

a) As per G.O.Ms.No.120 Indu & Coop (SP&S) Department, dated 09.03.1989, a member of service who has not passed the Sericulture test, but he is otherwise qualified and suitable for promotion to such category, grade or post may be promoted thereto temporarily. If a member so promoted does not pass the said test in one of the first two examinations held after such promotion he shall be reverted to the category, grade or post which he was promoted and shall not again be eligible for promotion under this rule.

b) As per Rule 5 read with Annexure in G.O.Ms.No.4 Housing (Sericulture) Department, dated 13.11.1990, one must have passed the Sericulture Departmental Test Part I for promotion to the category of Form Foremen Grade II now Technical Officer from the post of Operative now Technical Assistant.

c) Since the petitioner has not completed 12 years of service in the cadre of Technical Officer from the date he was promoted and reported as Technical Officer on 16.04.2003 and hence, the said request was rejected. The petitioner was retired on 30.09.2013 i.e. after 10 years incremental service only. Hence, the writ petition is liable to be dismissed.

PERUSED THE RECORD:

5. Paras 2, 3, 4, 11, 13, 15 & 17of the counter affidavit filed on behalf of the Respondents read as under:

Para 2: As per G.O.Ms.No.120 Indu & Coop. (SP&S) Dept., dated 09.03.1989, a member of service who has not passed the Sericulture Test but he is otherwise qualified and suitable for promotion to such category, grade or post may be promoted thereto temporarily. If a member so promote does not pass first two examinations held after such promotion he shall be reverted to category, grade or post which he was promoted and shall not again be eligible for promotion under this rule.

Para 3: As per rule-5 read with Annexure in GO Ms. No. 4 Housing (Sericulture) Dept. dated: 13.11.1998, One must have passed the Sericulture Departmental Test Part-I for promotion to the category of Farm Forman Grade-II now Technical Officer from the post of Operative now Technical Asst.

Para 4: It is respectfully submitted that in the instant case of Sri K.Satyanarayana Reddy. Technical Officer (Retired) as on the date he was promoted as Farm Foremen now Technical Officer on 16.12.1991 vide Pro. Rc: No. 319/91-E. Dated: 06.12.1991, the pre-condition of passing of Department Test Part-I for promotion to the post of Farm Foremen now Technical Officer was prevailing in G.O. Ms.No.4 Housing (Sericulture) Dept. dated: 13.11.1990. However, he was temporarily promoted as Farm Foremen now Technical Officer with a pre-condition to pass the Sericulture Departmental Test Part-I in one of the first (2) examinations held after Promotion failing which he shall be reverted to the lower category in terms of per GO. Ms. No. 120 Indy & Co (Sp & S) Dept. Dated: 09-03-1989.

Para 11: It is submitted that as per orders issued in GO Ms.No.225 GAD (Ser.C) Dept., dt. 18.05.1999, exemption is applicable in case of Departmental Tests or Special Tests only, were they are prescribed as a pre-requisite for promotion and this exemption shall not be applicable were like Technical or academic qualifications are prescribed for promotion in the next higher category of posts.

Para 13: Further it is to submit that, in pursuance of the APAT orders dated: 29. 10.-2014 in OA No.6265/2014, representation dated: 30.08.2013 was examined and speaking orders issued Vide Memo Rc.No.800/2012-B3A, dated: 02.12.2014 through the Asst. Director of Sericulture, Elkathurthy duly informing that, passing of departmental test part-1 is a pre-requisite technical qualification for promotion to the cadre of Technical Officer. Hence as per GO Ms.No.225 GAD (Ser.C) Dept. Dated: 18.05.1999, he is not eligible for exemption from passing of Sericulture Departmental Test Part-I on completion of (45) years of age and sanction of (12) years Special promotion post scale -I A. Further, he has not completed (12) years of service in the cadre of Technical Officer from the date he was promoted and reported as Technical Officer on 16/04/2003. Hence his request to sanction of (12) years automatic advancement scale is rejected. The representation made by him was disposed off accordingly.

Para 15: It is respectfully submitted that, the petitioner very well knows that, he was personally called by, the then Commissioner of Sericulture (FAC) and explained the above position and informed that, he is not eligible for (12) years SPPS-I as he has not completed (12) years incremental service in the cadre of Technical Officer w.e.f. 16.04.2003 and was retired from Govt. service on 30.09.2013 ie after completion of (10) years incremental service only. Even in the office Memo dated: 31.01.2017 after informing the above position to the petitioner, petitioner is habitually submitting representations to the Commissioner of Sericulture and Govt. of Telangana.

Para 17: It is respectfully submitted that, passing of departmental test part- I is a pre-requisite technical qualification for promotion to the cadre of Technical Officer. Hence as per GO Ms.No.225 GAD (Ser.C) Dept. Dated: 18- 05-1999, he is not eligible for exemption from passing of Sericulture Departmental Test Part-I on completion of (45) years of age and sanction of (12) years Special promotion post scale-I A. Further, he has not completed (12) years of service in the cadre of Technical Officer from the date he was promoted and reported as Technical Officer on 16.04.2003. Hence his request for sanction of (12) years automatic advancement scale is rejected.

DISCUSSION & CONCLUSION:

6. Taking into consideration the specific averments made in the counter affidavit filed by the Respondents paras 2, 3, 4, 11, 13, 15 & 17 (referred to and extracted above), this Court is of the firm opinion that the petitioner is not entitled for the prayer as sought for.

7. As per Rule 5 read with Annexure in G.O.Ms.No.4, Housing (Sericulture) Department, dt. 13.11.1990, one must have passed the Sericulture Departmental Test Part-I for promotion to the category of Farm Foreman Grade-II. A bare perusal of Clause 5 of G.O.Ms.No.4, dt. 13.11.1990 which deals with qualifications reads as under:

Clause 5 Qualifications: No person shall be eligible for appointment to the category specified in column(1) of the Annexure by the method specified in the corresponding entry in column (2) unless he possesses the qualifications specified in the corresponding entry in column (3) thereof.

Clause 10 Tests:

10 (b) Every person appointed by direct recruitment to the category of Farm Foreman, Grade II shall pass Sericulture Departmental Test within the period of probation.

8. This Court opines that in view of the fact that passing of the D

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epartmental Test Part-I is a prerequisite technical qualification for promotion to the cadre of Technical Officer. Hence, as per G.O.Ms.No.225 GAD (Ser.C) Department, dt. 18.05.1999 the petitioner is not eligible for exemption from passing of Sericulture Departmental Test Part-I on completion of 45 years of age and sanction of (12) years Special Promotion Post Scale – IA. Hence there is no any illegality in rejecting the request of the Petitioner for sanction of (12) years automatic advancement scale. 9. Taking into consideration the above referred facts and circumstances the petitioner in the present Writ Petition is not entitled for the relief as prayed for by the Petitioner since the Petitioner does not satisfy the qualification criteria specified in the corresponding entry in Column 3 thereof, as per Clause 5 of G.O.Ms.No.4, dt. 13.11.1990 which deals with qualifications as referred to in the counter affidavit filed by the respondents. 10. For all the reasons stated above, the Writ Petition is dismissed. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand dismissed.
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