HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.25858 of 2025 ORDER : Present writ petition is filed in not considering the case of the Petitioner for appointment by transfer as Executive Officer Grade-III as illegal and arbitrary. 2. Petitioner was initially appointed as Attender on 13.12.2004 and subsequently, the post was upgraded by Assistant Commissioner, Endowments, Eluru vide Proceedings L.Dis.No.A1/5178/2008 Admn., dated 16.06.2008 as Junior Assistant. Since then, the Petitioner was working in the said post. As the Petitioner was not being considered for promotion to the post of Executive Officer Grade-III on the ground that his appointment as Junior Assistant is not in consonance with the service Rules, the Petitioner filed W.P.No.33322 of 2015 before this Court. This Court vide order dated 28.08.2024 allowed the writ petition holding that the Petitioner was duly upgraded to the cadre of Junior Assistant vide proceedings dated 16.06.2008. Despite the said orders, as the Respondents are not considering the case of the Petitioner for promotion, the present writ petition is filed. 2 3. Sri G.Nagabhushanam, learned Assistant Government Pleader would submit that the Andhra Pradesh Charitable And Hindu Religious Institutions And Endowments Office Holders And Servants Service Rules, 2000 does not contemplate promotion to the cadre of Junior Assistant from the post of Attender and therefore, the Petitioner would not be entitled to be considered for promotion to the post of Executive Officer Grade-III. 4. Heard Sri V.S.K.Rama Rao, learned counsel for the Petitioner and Assistant Government Pleader for Services-II. 5. Heard the learned counsel. The issue urged by the learned Assistant Government Pleader was urged in W.P.No.33322 of 2015 and considered by this Court and a direction was rendered holding that the Petitioner’s promotion as Junior Assistant is valid. The contention of Respondent and the reasoning of this Court is extracted below: 10. Though it is admitted that there is no direct promotion channel from Attender to Junior Assistant, the creation of the Junior Assistant post and the subsequent upgrading of the petitioner’s post were duly authorized by the proceedings dated 16.06.2008, based on the recommendation of the Manager, Group Temples, Kothapadu Village, Iragavaram Mandal, and the Inspector, Endowments Department, Tanuku. The petitioner’s post was upgraded to Junior Assistant with effect 3 from 01.06.2008, as per the proceedings dated 18.06.2008. A provisional seniority list was prepared, and objections were called for. Since the petitioner’s promotion to Junior Assistant was effective from 18.06.2008, there was no need for him to raise an objection. However, in the final seniority list prepared on 04.08.2015, it was erroneously noted in the remarks column that "there is no channel for promotion from Attender to Junior Assistant cadre directly." 11. Since the petitioner was duly upgraded to the Junior Assistant cadre as per the proceedings dated 16.06.2008, the final seniority list should not have included the erroneous remark: "There is no channel for promotion from Attender to Junior Assistant cadre directly." 12. In view of above facts and circumstances of the case, the remarks made in the proceedings Rc.No.B4/2632/2015, dated 04.08.2015, at serial No.60 concerning the petitioner are hereby set aside. 6. In that view, it is not open to the learned Assistant Government Pleader to contend otherwise. 7. Considering the above, the writ petition is disposed of with the following directions: (i) The Respondents are directed to examine the representations of the Petitioner dated 08.11.2024, 19.11.2024 and 04.03.2025 taking into consideration the judgment of this Court in W.P.No.33322 of 2015 dated 28.08.2024 before effecting further promotions and pass 4 appropriate orders within a period of three months from the date of receipt of a copy of this order. (ii) No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. __________________ NYAPATHY VIJAY, J Date: 22.09.2025 KLP