THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.16156 of 2024 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:- “…to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus: declaring the inaction of the respondents in considering the case of the Petitioners for promotion to the post of Assistant Directors who are working in the Mofussil on par with the Office Superintendents working in office of Commissionerate duly fixing the ratio 1:8 or 1:9 in pursuance of the report submitted by the Committee dated 28.6.2011 by effecting amendments to the G.O.Ms.No.178, Higher Education (TechE) Department dated 9.12.2005 basing on the letter No.CTE/342/2023-TE, dated 16.5.2024 submitted by the Director of technical Education to the Government of Andhra Pradesh as illegal, arbitrary and contrary to the Service Rules and for a consequential direction directing the respondents to consider the case of the petitioners for promotion to the post of Assistant Directors in future and existing vacancies as per ratio suggested by the Committee with all consequential service benefits in the interest of justice.” (in verbatim) 2. The case of the petitioners in brief is as follows: a. The petitioners are working as Office Subordinates and Hostel Managers in Government Polytechnic Colleges and claim to be eligible and entitled to be considered for appointment to the posts of Assistant Officer (AO), Assistant Director (AD), Hostel Superintendent (HS), Internal Audit Officer (IAO), and Section Officer (SO), by way of appointment by transfer or promotion, in 2 CGR, J W.P.No.16156 of 2024 accordance with the Rules issued in G.O.Ms.No.178, dated 09.12.2005. b. As per Rule 3 of the said Rules, the post of Assistant Director (non technical), under category F(II), is to be filled by appointment by transfer from Superintendents in the Andhra Pradesh Ministerial Services working in the Office of the Commissioner/Director of Technical Education, including Auditors and Superintendents, and from Hostel Managers in the Andhra Pradesh Ministerial Services under the Technical Education Department, in the ratio of 1:3, respectively. c. Since the petitioners are working in subordinate offices, they fall under the ‘3’ category and are entitled to be considered for appointment by transfer to the post of Assistant Director in the said ratio. The 1:3 ratio was fixed based on the existing cadre strength as on the date of issuance of the said orders. However, due to subsequent substantial changes in the cadre structure, there was a request and demand to revise the ratio from 1:3 to 1:9. d. The Government accordingly constituted a Committee to examine the issue and make suitable recommendations. The Committee, made the following recommendation: In the above circumstances, the Committee feel that the issue of enhancement in the ratio from 1:3 to 1:8 or 1:9 3 CGR, J W.P.No.16156 of 2024 may be considered as and when the Ministerial staff position in the Commissionerate improves by sanction of Additional Sections, Or To revise the ratio with reference to the Permanent Cadre strength of Superintendents/Hostel Managers in Sub-ordinate offices and Superintendents and Auditors in the Commissionerate, i.e., to revise the existing ratio of 1:3 to 1:7. e. Despite the Committee’s recommendation, the Government did not take any further action. As no decision was forthcoming, some of the interested individuals approached the Andhra Pradesh Administrative Tribunal in OA No.6684 of 2010, which was disposed of on 22.03.2013, directing the 1st respondent to take a decision based on the Committee’s report and issue appropriate orders. f. Nevertheless, no action was taken. In the meanwhile, the bifurcation of the State necessitated a re-examination of the ratio. Consequently, the 2nd respondent addressed a letter vide Lr.No.CTE/342/2023-TE, dated 16.05.2024, to the 1st respondent, seeking permission to constitute a fresh committee to reassess the cadre strength and recommend a revised ratio. g. As the matter remains pending before the 1st respondent, the petitioner approached this Court by filing the present writ petition. 4 CGR, J W.P.No.16156 of 2024 2. Heard Sri A. Sreedhar, learned counsel for the petitioners; and Sri Sharat Kumar, learned Assistant Government Pleader for Services-III, appearing for the respondents. 3. This Court, by an order dated 03.04.2025, observed as follows: “Learned counsel for petitioner submits that Six Member Board Committee was constituted to look into revision of ratio fixed for promotion in between Superintendents/Auditors in the O/o.CTE and Office Superintendents/Hostel Managers in the Subordinate Offices for the purpose of further promotion as Assistant Directors, by report dated 28.06.2011, the said Committee has made recommendations for the Government to act upon. In pursuance to said report, later, the Commissioner of Technical Education addressed letter dated 16.11.2013 to Principal Secretary to Government, Higher Education for taking necessary steps. Meanwhile, there was bifurcation of State, so having regard to the same, Director of Technical Education, by letter dated 16.05.2024 addressed to 2nd respondent appraised the further developments in regard to aforesaid revision of ratio inter se and has proposed to constitute a fresh committee to ascertain the prevailing of workload, nature of work, recruitment criteria etc., to fix proper ratio. The Government has not accorded permission as of now and the matter is still pending consideration. 5 CGR, J W.P.No.16156 of 2024 Learned Assistant Government Pleader seeks time to get instructions as to whether the 2nd respondent deliberated the letter dated 16.05.2024 addressed by Director of Technical Education for the purpose of constituting fresh Committee. List this matter next week in the adjourned motion list.” 4. Subsequently, learned Assistant Government Pleader for Services-III appearing for the respondents submitted written instructions dated 09.04.2025, stating that the matter pertains to a policy decision and is currently under active consideration by the Government, which may take some time. 5. In light of the above submissions and the fact that the 2nd respondent’s letter dated 16.05.2024 has already been escalated to the 1st respondent and is pending consideration, this Court finds it appropriate to dispose of the writ petition with a direction to the respondents to expedite the process of revising the ratio and take suitable and appropriate steps as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order. 6. 6. Accordingly, the Writ Petition is disposed of with the above directions. There shall be no order as to costs. 6 CGR, J W.P.No.16156 of 2024 As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN 10th April 2025 cbn 7 CGR, J W.P.No.16156 of 2024 271 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16156/2024 10th April, 2025 cbn