APHC010215172010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SjiiS WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 15054 OF 2010 Between: S. Hemasundara Rao, S/o. S. Krishna Murthy Retd. Deputy Tahsildar, R/o.H.No. 48-16-9/1, Nagarjunagar Colony, Mahanadu Road, Vijayawada, Krishna District. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Hyderabad. The Chief Commissioner of Land Administration, Government of Andhra Pradesh, Office at Nampally Station Road, Hyderabad. The District Collector, Krishna District, Office at Machilipatnam. Sri Abdul Hameed Retd. Tahsildar, Mopidevi, Krishna District. B. Rama Swamy Retd. Tahsildar, Beyond A.P.S.R.T.C. Bus Station, Machilipatnam. (Respondents 4 and 5 are not necessary parties to this WP since the petitioner is not claiming any adverse orders against them, though they are made parties to O.A.No.7465/07) The Registrar, Andhra Pradesh Administrative Tribunal at Hyderabad. ...Respondents 2. 3. 4. 5. 6. r 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 an order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2'"'^ respondent in issuing the impugned letter, dated 09.11.2007 rejecting the case of the petitioner for notional promotion to the post of Tahsildar and for re-fixation of his pension in the cadre of Tahsildar instead of forwarding the representation of the petitioner submitted through proper channel for consideration of the Government as illegal, unlawful, contrary to law and set aside the order passed by the Hon'ble A.P. Administrative Tribunal dated 12.03.2010 in O.A.No.7465/2007 and consequently direct the 2'"'^ respondent to forward the representation of the petitioner through proper channel to the Government and 1®* respondent Government may be directed to consider the case of the petitioner for notional promotion in the cadre of Tahsildar and also for his fixation of the pension in the cadre of Tahsildar without prejudice to anybody's claim. re- lA NO: 1 OF 2010fWPMP 18961 OF 2010 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased issue interim order directing the 2 nd respondent to forward the representation of the petitioner submitted by him through proper channel to the consideration of the Government as processed by the respondent to the office of the 2"^ respondent vide letter Rc.No.A3/Pdl.134/AN L.KST/06-07, dated 10.08.2007, pending disposal of main writ petition. Counsel for the Petitioner: SRI A. RAJENDRA BABU Counsel for the Respondent Nos.1 to 3 & 6 : GP FOR SERVICES I Counsel for the Respondent Nos.4 & 5 : NONE APPEARED The Court made the following order: m w APHC010215172010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0>:i£ 'm [3527] WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 15054/2010 Between: 1.S. HEMASUNDARA RAO, KRISHNA DIST., S/0. S. KRISHNA MURTHY RETD. DEPUTY TAHSILDAR, R/O.H.NO. 48-16-9/1, NAGARJUNAGAR COLONY. MAHANADU ROAD, VIJAYAWADA, KRISHNA DISTRICT. ...PETITIONER AND 1.PRL SECY TO GOVT SECRETARY TO GOVERNMENT SECRETARIAT. HYDERABAD. 5 OTHERS, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT. 2.THE CHIEF COMMISSIONER OF LAND ADMINSITRATION, GOVERNMENT OF ANDHRA PRADESH, OFFICE AT NAMPALLY STATION ROAD, HYDERABAD. 3.THE DISTRICT COLLECTOR, KRISHNA DISTRICT, OFFICE AT MACHILIPATNAM. 4.ABDUL HAMEED RETD TAHSILDAR, MOPIDEVI, KRISHNA DISTRICT. 5.B RAMA SWAMY RETD TAHSILDAR, BEYOND A.P.S.R.T.C. BUS STATION, MACHILIPATNAM. (RESPONDENS 4 AND 5 ARE NOT m 2 HBKM,J & HAHHSJ ' W.P.No.l5054of2010 A NECESSARY PARTIES TO THIS WP SINCE THE PETITIONR IS NOT CLAIMING ANY ADVERSE ORDERS AGAINST THEM, THOUGH THEY ARE MADE APRTIES TO O.A.NO.7465/07 6.THE REGISTRAR, ANDHRA PRADESH ADMINISTRATIVE TRIBUNAL AT HYDERABAD. ...RESPONDENT(S): Counsel for the Petitioner: 1.A RAJENDRA BABU Counsel for the Respondent{S); 1.GP FOR SERVICES I 3 HBKM,J & HAHHS,J W.P.No.l5054of2010 The Court made the following: ORDER: (Per Hon’ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondent Nos.1 to 3. This writ petition was filed questioning the action of the 2^^^ respondent in issuing the impugned letter dated 09.11.2007, rejecting the case of the 2. petitioner for notional promotion to the post of Tahsildar and for re-fixation in the cadre of Tahsildar instead of forwarding the representation of the petitioner submitted through proper channel for consideration of the Government. The learned counsel for the petitioner submits that, the representation of the petitioner dated 21.07.2007 is still pending with the 1®* respondent. 3. 4. He further submits that when the request of the petitioner was rejected by the 2"*^ respondent, the 3'^'^ respondent through proper channel forwarded the representation of the petitioner to the 1®' respondent vide proceedings dated 10.08.2007. Since there was no action taken against his application, he was constrained to approach the erstwhile Administrative Tribunal in O.A.No.7465 of 2007, but the same was dismissed on an erroneous view of law and fact observing that, the settled seniority cannot be disturbed but it is the case of the petitioner that he is seeking notional promotion on par with his juniors, who were promoted earlier for the purpose of calculating the emoluments/pensionary benefits only. 4 HBKMJ & HAHHS,J W.P.No.15054 of 2010 On the other hand, the learned Assistant Government Pleader appearing for the official respondents submits that, the pending representation of the petitioner would be considered by the respondents in accordance with 5. law. In view of the above said facts and circumstances, the respondent No.1 6. is directed to consider and dispose of the representation of the petitioner dated 21.07.2007 in accordance with law on its own merits without reference to the order of the erstwhile Tribunal as expeditiously as possible preferably within a period of four (04) months from the date of receipt of this order. It is also open to the petitioner to submit their representation also enclosing all the necessary documents addressing to the respondent. 7. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand Sd/- K TATA RAO DEPUTY REGISTRAR closed. //TRUE COPY// SECTIONOFFICER To, 1. The Principal Secretary to Government, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. The Chief Commissioner of Land Administration, Government of Andhra Pradesh, Office at Vijayawada. The District Collector, Krishna District, Office at Machilipatnam. The Registrar, Andhra Pradesh Administrative Tribunal at High Court of A.P. One CC to Sri A. Rajendra Babu, Advocate [OPUC] Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT] Two CD Copies 2. 3. 4. 5. 6. 7. Cnr HIGH COURT DATED:23/07/2025 AND/Sf ' I *UG WK S a: ORDER WP NO. 15054 OF 2010 ' O Co * Curreni ieciion DISPOSING OF THE W.P. WITHOUT COSTS