Regularisation Of Compassionate Appointee Must Be From Date Of Acquiring Qualification, Not Initial Appointment: AP High Court

The Andhra Pradesh High Court dismissed a writ petition challenging the revision of the date of regularisation of a Junior Assistant appointed on compassionate grounds, holding that an employee who did not possess the prescribed educational qualification on the date of appointment cannot claim regularisation from the date of initial appointment. In doing so, the Court noted that regularisation can only take effect from the date on which the employee acquires the requisite qualification.The judgment was delivered by Justice Nyapathy Vijay in a batch of two writ petitions. While the first petition challenged the revision of the petitioner's date of regularisation, the second sought consideration of his promotion to the post of Senior Assistant.The Court observed:"The appointment of Petitioner as Junior Assistant is on compassionate grounds on condition and as the Petitioner acquired degree qualification on 10.12.2019, the service of the Petitioner was regularized with effect from that date. The contention of the Petitioner that the service of the Petitioner is to be regularized from the date of initial appointment i.e. 07.11.2017 is to be accepted, that would amount to validating of appointment of Petitioner to the post of Junior Assistant without having requisite educational qualification. The same would be contrary to the Rule framed under proviso to Article 309 of Constitution of India. It is too well known that educational qualification to a post is an absolute requirement and no appointment can be validated without the said qualification."The petitioner was appointed as a Junior Assistant on compassionate grounds subject to the condition that he would acquire a bachelor's degree within five years of his appointment. Although his services were initially regularised from 2017, the authorities later modified the date of regularisation to 2019, when he acquired the prescribed degree qualification. Challenging the modification, the petitioner contended that his services ought to have been regularised from the date of his initial appointment.Rejecting the contention, the High Court held that a bachelor's degree is the prescribed qualification for the post of Junior Assistant under the Andhra Pradesh State Ministerial Service Rules, 1998, and that accepting the petitioner's plea would amount to validating an appointment made without the requisite qualification, contrary to the statutory rules framed under Article 309 of the Constitution.The Court further referred to Rule 12 of the Andhra Pradesh State and Subordinate Service Rules, which prohibits appointment by direct recruitment unless the candidate possesses the prescribed academic qualifications. It observed that compassionate appointment is also a mode of direct recruitment and, therefore, the same requirement applies.Referring to G.O.Ms. No. 151 dated June 22, 2004, the Court noted that the Government had clarified that where compassionate appointments are made subject to acquiring the prescribed qualification, regularisation must take effect only from the date of acquiring that qualification and not from the date of joining duty.Finding the impugned proceedings consistent with the Rules and the Government Order, the Court dismissed the writ petition. In the connected writ petition, it directed the authorities to consider the petitioner's case for promotion to the post of Senior Assistant in accordance with his revised seniority and the applicable roster point. Case Title: R. Thimmappa v. District Panchayat Officer & Ors. and connected matterCase Nos.: W.P. Nos. 19384 of 2021 & 5774 of 2026Counsel for the Petitioner: Sri Gajjala Mallikarjuna Reddy and Sri M. SapthagiriCounsel for the Respondents: Government Pleader for Services-IV and Government Pleader for Services-IClick Here To Read/Download Order

Regularisation Of Compassionate Appointee Must Be From Date Of Acquiring Qualification, Not Initial Appointment: AP High Court

Ritika Verma

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Ritika Verma

Regularisation Of Compassionate Appointee Must Be From Date Of Acquiring Qualification, Not Initial Appointment: AP High Court

Ritika Verma

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Ritika Verma

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