APHC010709102025 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1307 OF Between: 1. M NAGAVENI, W/O CH.NAGARAJU AGE 42 YEARS, OCC VILLAGE REVENUE ASSISTANT CHINNAHYATA VILLAGE, HOLAGUNDA MANDAL, KURNOOL DIST.518346 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT, DISTRICT, ANDHRA PRADESH. PIN 522237 2. THE DISTRICT COLLECTOR, KURNOOL DIST., AT KURNOOL. PIN 518002 3. THE REVENUE DIVISIONAL OFFICER, ADONI, KURNOOL DIST. PIN 518301 Petition under Article 226 of the Const circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or direction preferably writ of mandamus declaring the impugned endorsement vide Rc.No.A4/96/2024, dt.07 2nd respondent not in accordance with the G.O.Ms.No.104 REVENUE (SER.III) DEPARTMENT Dt 10 promotion from the post of Village Revenue Assistant to the post of Village Revenue Officer, Grade arbitrary and unconstitutional being violative of Articles 14, 16 and 21 of 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1307 OF 2026 M NAGAVENI, W/O CH.NAGARAJU AGE 42 YEARS, OCC VILLAGE REVENUE ASSISTANT CHINNAHYATA VILLAGE, HOLAGUNDA MANDAL, KURNOOL DIST.518346 ...PETITIONER AND THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. PIN 522237 THE DISTRICT COLLECTOR, KURNOOL DIST., AT KURNOOL. PIN THE REVENUE DIVISIONAL OFFICER, ADONI, KURNOOL DIST. PIN ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or direction preferably writ of mandamus declaring the impugned endorsement vide Rc.No.A4/96/2024, dt.07-08-2024 iss 2nd respondent not in accordance with the G.O.Ms.No.104 REVENUE (SER.III) DEPARTMENT Dt 10-03-2023 in considering the petitioner for promotion from the post of Village Revenue Assistant to the post of Village Revenue Officer, Grade - II in respect of the Kurnool District as illegal, arbitrary and unconstitutional being violative of Articles 14, 16 and 21 of IN THE HIGH COURT OF ANDHRA PRADESH [3333] THE HONOURABLE SMT JUSTICE V.SUJATHA M NAGAVENI, W/O CH.NAGARAJU AGE 42 YEARS, OCC VILLAGE REVENUE ASSISTANT CHINNAHYATA VILLAGE, HOLAGUNDA ...PETITIONER THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, VELAGAPUDI, GUNTUR THE DISTRICT COLLECTOR, KURNOOL DIST., AT KURNOOL. PIN THE REVENUE DIVISIONAL OFFICER, ADONI, KURNOOL DIST. PIN ...RESPONDENT(S): itution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or direction preferably writ of mandamus declaring the 2024 issued by the 2nd respondent not in accordance with the G.O.Ms.No.104 REVENUE 2023 in considering the petitioner for promotion from the post of Village Revenue Assistant to the post of Village espect of the Kurnool District as illegal, arbitrary and unconstitutional being violative of Articles 14, 16 and 21 of 2 Constitution of India and consequently direct the 2nd respondent to consider the case of the petitioner for promotion as Village Revenue Officer from Village Revenue Assistant Grade - II in respect of the Kurnool District with all consequential benefits, and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to release the prevailing seniority list after bifurcation of Districts, particularly as on petitioner's representation dt:21-12- 2023 seeking promotion as Village Revenue Officer, Grade-II from the post of Village Revenue Assistant, in accordance with the G.O.Ms.No.104 REVENUE (SER.III) DEPARTMENT Dt:10-03-2023 in respect of the Kurnool District, pending disposal of the writ petition IA NO: 2 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to reserve one Village Revenue Officer, Grade-II post according to seniority list prevailing as on petitioner's representation dt:21-12-2023 in respect of the Kurnool District for the petitioner in accordance with the G.O.Ms.No.104 REVENUE (SER.III) DEPARTMENT Dt:10-03-2023, pending disposal of the writ petition Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1307 OF 2026 ORDER:- This Writ Petition is filed questioning the impugned endorsement, vide Rc.No.A4/96/2024, dt.07-08-2024 issued by the Respondent No.2 is not in accordance with the G.O.Ms.No.104 Revenue (SER.III) Department, dated 10.03.2023 in considering the petitioner for promotion from the post of Village Revenue Assistant to the post of Village Revenue Officer, Grade- II in respect of the Kurnool District as illegal and arbitrary. 2. The case of the Petitioner in nutshell is that she was initially appointed as Village Revenue Assistant on 17.05.2012 on temporary basis at Rs. 3,000/- per month as honorarium and allowances as fixed by the government. The Petitioner has completed 13 years of service without any charge or disciplinary proceedings. On 31.07.2020, the Respondent No.2 has finalized the final seniority list of Village Revenue Officers (in short ‘VROs’) as on 01.01.2020 with intermediate qualification. The Petitioner has completed 8 years of service as VRA and he is also having degree qualification. After verifying the reports from the Revenue Divisional Officers, final seniority was published vide, G.O.Ms.No.13, dated 27.01.2020, wherein the name of the Petitioner shown at Sl.No.301. Though the final seniority list was finalized in the year 2020 itself, as the Petitioner’s case was not considered for promotion as VRO, the Petitioner made representation on 21.12.2023 to the Respondent No.2 requesting for promotion under back log quota or as per seniority list 4 through caste wise reservation. As the representation was not consideration, the Petitioner was constrained to file W.P.No. 2592 of 2024, which was disposed on 02.02.2024 by this Court, which reads as under:- “3. Since the main prayer sought in the present writ petition is to dispose of the Representation submitted by the writ petitioner dated 21.12.2023 (Ex.P.1), this court deems it appropriate to dispose of this writ petition with a direction to the Respondent No.2 to consider the Representation submitted by the petitioner dated 21.12.2023 (Ex.P.1) and pass a speaking order within four weeks from today and communicate such order to the writ petitioner forthwith”. 3. The case of the Petitioner in this Writ Petition is that on 10.03.2023 the Respondent No.1 issued G.O.Ms.No.104 amending A.P.V.R.O Sevice Rules, 2008, wherein the education qualification was enhanced from intermediate to degree to be possessed by the V.R.A’s for promotion as V.R.O’s. In view of the said amendment, new list ought to have been issued by the Respondent No.2 in respect of Kurnool District after bifurcation of districts, as in the endorsement the seniority of the Petitioner is not reflected after bifurcation. 4. In pursuance of the order passed by this Court on 02.02.2024, the Respondent No.2 issued impugned endorsement dated 07.08.2024 duly informing the Petitioner that the same employees who possessed intermediate qualification have approached this Court in W.P.No. 11210 of 2020 and 14180 of 2023, which was disposed on 01.05.2023, while directing the Respondent No.1 i.e Principal Secretary to Government (Revenue) to consider the Petitioner’s representation therein and pass appropriate orders in accordance 5 with law within two (02) months from the date of receipt of a copy of the order, after providing an opportunity of hearing to the Petitioner. Therefore, the CCLA addressed a letter to the Government on 29.04.2023 by forwarding the representation made by APVRA’s Association, wherein they made a request to provide opportunity to the existing in Service VRA’s who are having intermediate qualification for conditional promotion to the post of VRO, Grade-II with a condition to acquire degree qualification within 5 years from the date of appointment to the post of VRO Grade-II and the orders of the Government are awaited in pursuance of the letter dated 29.04.2023 by CCLA. As such, the case of the Petitioner could not be considered. Aggrieved by the same, the present Writ Petition came to be filed. 5. Heard learned counsel for the Petitioner and as well as learned Assistant Government Pleader for Services-I for the Respondents. 6. During hearing, learned Assistant Government Pleader for Services-I placed on record the written instructions of the Respondent No.2, wherein the facts as stated by the Petitioner are reiterated, however, it is stated that the candidature of the Petitioner for promotion from the post of VRA to VRO, Grade-II will be considered basing on seniority and vacancy available at relevant point of time by following the rule of reservation at the time of promotion in the district. 7. In the present case, admittedly, the Petitioner is a graduate and initially the qualification for promotion from the post of VRA to VRO was 6 intermediate. Subsequently, the government has issued G.O.Ms.No.104, dated 10.03.2023 amending the minimum educational qualification for the post of VRO, Grade-II, which is extracted hereunder: (i) Rule -4 shall be substituted, namely: Qualifications: For all appointments to the post of Village Revenue Officer- Grade-II, the minimum educational qualifications shall be:- 1. Must hold the Bachelor’s Degree of any University in India established or incorporated by or under a Central Act, Provincial Act or a State Act or the Institution recognized by the University Grants Commission or an equivalent qualification. 2. He/ She must undergo 42 days course of Survey Training compulsorily and qualify in the said survey training within a period of two (2) years from the date of appointment as Village Revenue Officers Gr-II, and 3. Must qualify the Test i.e “Proficiency in Automation with usage of Computer and Associated Software” conducted by the Andhra Pradesh Public Service Commission or the District Selection Committee, as the case may be”. 8. As the Petitioner is qualified in accordance with G.O.Ms.No.104, dated 10.03.2023, it is for the Respondents to place the Petitioner in the Seniority List as per his eligibility. The ground raised by the Respondents that the request made by the Petitioner in W.P.No. 11210 of 2023, dated 01.05.2023 is pending before the government cannot be a ground for rejecting the case of the Petitioner for promotion to the post of VRO, as the Petitioners in the said Writ Petition are possessing only intermediate qualification and are not eligible as per the amended G.O. However, their request in the said Writ Petition was only to provide an opportunity to them in the existing vacancies having intermediate qualification for conditional promotion to the post of VRO- Grade-II with a condition to obtain degree within 5 years. 7 9. 7 9. In the present case, admittedly as on date, the Petitioner is fully qualified and have possessed degree qualification in pursuance of G.O.Ms.No.104, dated 10.03.2023. In view of the same, this Court is inclined to dispose of the Writ Petition while setting aside the impugned endorsement issued by the Respondent No.2, dated 07.08.2024. Further, the Respondent No.2 is directed to place the Petitioner in the Seniority List duly considering the educational qualification of the Petitioner and promote him in a clear vacancy for the post of VRO Grade-II as and when vacancy arises. It is made clear that this Court is not coming in the way of orders passed in W.P.No.11210 of 2023, dated 01.05.2023 as it is for the Respondents to consider their cases on a conditional promotion with a condition to obtain degree qualification within five years, but however, as the Petitioner is fully qualified as on today, the Respondent No.2 is directed to consider the case of the Petitioner as expeditiously as possible as and when vacancy arises. 10. With the above direction, the Writ Petition is allowed. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 07.05.2026 KK