APHC010506772021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Wednesday, the Second day of April Two Thousand and Twenty Five Present The Honourable Ms Justice B.S.Bhanumathi Writ Petition Transfered from APAT No: 2094 of 2021 Between: K Prasad and others ...petitioners AND The State of Andhra Pradesh and others ...respondents Counsel for the petitioners: 1. K.V.N.Bhupal Counsel for the respondents: 1. G.P. for Services-II The Court made the following: 2 W.P.(AT).No.2094 of 2021 ORDER: The Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “…to issue order or orders declaring the action of the respondents in not appointing the applicants as executive officer grade-III by transfer from the cadre of junior assistants as per the seniority list approved by the 2nd respondent basing on the rules framed under G.O.Ms.No.262 Rev (End.I) department, dated 20.05.2002 though the applicants are fully eligible and qualified to hold the said post as per G.O.Ms.No.262, dated 20.05.2002 as illegal, arbitrary, highhanded and cannot be justified in the eye of law and consequently direct the respondents to follow the rules framed undergo Ms.No.262, dated 20.05.2002 to appoint the applicants to the post of Executive officer grade-Ill by transfer as per their qualification and eligibility in their district by duly following their seniority with all consequential benefits in the interest of justice and pass” 2. No representation for the petitioners. 3. Since it was earlier represented that the counsel for the petitioners was no more, notice to the petitioners was ordered on 09.01.2025. 4. The Registry placed note that the notice to the petitioner No.1 had been served and acknowledgment had been received and that the notice sent to the petitioner No.2 had not been returned. Since 3 W.P.(AT).No.2094 of 2021 the notice was sent to the petitioner No.2 to the address as given in the petition, it is deemed to be served. 5. Ms.C.Indrani, learned Assistant Government Pleader for Services-II placed on record the written instructions of the Commissioner, Endowments Department, A.P., addressed to The Government Pleader, Endowments vide Lr.in Rc.No.E2/COE- 15021/123/2025, dated 17.03.2025 and submitted as follows: “…K.Prasad was initially appointed as record Assistant on 01.07.2000 on contract basis of Rs.50/- per day in the establishment of Sri Madhava Anjaneya Swamy Temple, Mamidalapadu (V&M), Kurnool District basing the permission of the Assistant Commissioner, Endowments Department, Kurnool and extending his service from time to time. Later, his services were regularized in the year 2006. B.Srinivasulu was initially appointed as Clerk on 17.06.1999 on consolidated pay of Rs.35/- per day in the establishment of group temples, Dhone, Kurnool District. Later, he was regularized by sanctioning scale of 1999 PRC on 10.08.2007. Earlier certain Temple Junior Assistants of Kurnool Zone (Kadapa, Kurnool, Chittoor Districts) made representations requesting to consider their cases for appointment as Executive Officer, Grade-III by transfer of service in their respective Districts in the vacancies earmarked for temple employees as per G.O.Ms.No.262, Revenue (Endowments-I) Department, dated 20.05.2002. The said request was examined and rejected vide this office Memo.in Rc.No E2/22589/2015, dated 11.03.2019 due to the 4 W.P.(AT).No.2094 of 2021 reason that the Service of the individuals were regularized by extending time scales during the period of ban on appointments / regularization under G.O.Rt.No.1997, dated 18.10.2005 Aggrieved by the above rejection orders, they have approached the Hon'ble High Court. The Hon'ble High Court have passed a common order dated 27.01.2020 in W.P.No.14609, 14610 & 14625 of 2019 as follows: „…Hence, keeping in view the said submission, liberty is given to the petitioners to make representations to the 2nd respondent within a period of ten days from today and the 2nd respondent shall consider the said representation of the petitioners and pass appropriate orders thereon within a period of four weeks thereafter, in accordance with law. With the above observations, the Writ Petitions are disposed of. As a sequel, the miscellaneous applications pending, if any, shall stand closed.‟ They again made representations along with a copy of Common order dated 27.01.2020 in W.P.No.14609, 14610 & 14625 of 2019 of the Hon'ble High Court requesting to consider their cases for appointment as Executive Officer, Grade-Ill by transfer of service in the existing vacancies in their respective districts. The Temple Junior Assistants are drawing salary from temple and the post of Executive Officer, Grade-III is a government post. Whereas, for being appointed to the post of Executive Officer the authenticity of appointment and promotion in the feeder category is necessary. Unless and until the 5 W.P.(AT).No.2094 of 2021 services of Temple Junior Assistants were regularized as per rules, the request cannot be considered for appointing them as Executive Officer, Grade-III, by transfer of service. Government vide Act 2 of 1994 prohibits all types of appointments on contract basis / daily wages or Non-consolidated pay in any public service to any post, any class, category or Grade without permission of the competent authority. The Government vide G.O.Rt.No.1997, Revenue (Endowments-I) Department, dated 18.10.2005 have issued orders prohibit further recruitment of all administrative staff in Hindu Religious and Endowments Institutions until further orders. The representations were forwarded to the government to issue suitable orders on the request of certain Temple Junior Assistants of Kurnool Zone for appointment as Executive Officer, Grade-III by transfer of service, as their services were regularized at the time of ban period i.e., after issuing G.O.Rt.No.1997, Revenue (Endowments-I) Department, dated 18.10.2005 vide Commissioner's office letter dated 17.03.2022. The government have examined the proposal and deferred the request of the Junior Assistants working in Kurnool Zone. The same has been informed to all the representatives including petitioner in this writ petitioner vide this office Memo.No.E2/COE-15021/83/2022, dated 22.11.2023. The service of the petitioners in the present writ petition were regularized by extending time scale during the period when the ban on appointments / regularizations is in force as per G.O.Rt.No.1997, Revenue (Endowments-I) Department, 6 W.P.(AT).No.2094 of 2021 dated 18.10.2005 and hence could not be considered for appointment by transfer as Executive Officer, Grade-III. In view of the above facts and circumstances, it is, therefore, prayed that this Hon'ble Court may be pleased to dismiss the writ petition as devoid on merits.” 6. In view of non-prosecution, the writ petition is dismissed for default. There shall be no order as to costs. Interim orders granted earlier, if any, shall stand vacated. Pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE B.S.BHANUMATHI Date: 02.04.2025 NSM 7 W.P.(AT).No.2094 of 2021 45 HON’BLE Ms. JUSTICE B.S.BHANUMATHI Writ Petition Transfered from APAT No: 2094 of 2021 Date: 02.04.2025 NSM