» IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN AND THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT APPEAL NO: 1039 OF 2024 Writ Appeal under clause 15 of the Letters Patent against the order dated 12-07-2024 in W.P.No.33216 of 2012 on the file of the High Court. Between: 1. The Commissioner, Endowments Department, A.P., Hyderabad, Now at Gollapudi, Vijayawada, NTR District 2. State of Andhra Pradesh, Revenue (Endowments) Department, Rep. by its Principal Secretary, Hyderabad Now at Amaravathi, Guntur District, A.P., ...APPELLANTS/RESPONDENTS 1 & 2 AND 1. K. Nagababu, S/o Gopalakrishna Murthy, Superintendent Sri Chandrasekhara Swamy Devastanam, Ch Agraharam Village, Ganapavaram Mandal, West Godavari District. 2. Sri N. S. Chakradhara Rao, Executive Officer Sri Maddi Anjaneya Swamy Devastanam, Guravayagudem Village, Jangareddygudem Mandal, West Godavari District.(Now at Sri Venkateswara Swamy Vari Devasthanam, Vadapalli, Dr.Br.Ambedkar District) 3. Sri B H V S N Kishore Kumar, S/o Butchi Raju, Executive Officer Sri Kota Sattemma Ammavari Temple Nidadavole Post and Mandal West Godavari District, Now at Sri Tirupatamma Ammavari Temple, Pebugnchiprolu, NTR District. 4. Sri P Viswanadha Raju, Executive Officer Sri Parijatha Venkateswara Swamy Temple Jangareddygudem, West Godavari District. (Now at Sri P.M.K Choultry Rajamahendravaram) ...RESPONDENTS lA NO: 2 OF 2024 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 suspend the operation of the orders dated 12-07-2024 in W.P.No.33216 of 2012 passed by the Learned Single Judge, pending disposal of the writ appeal. Counsel for the Appellants: GP FOR ENDOWMENTS Counsel for the Respondent No.1: SRI M. VIDYASAGAR Counsel for the Respondent No.2:SRI M. SURENDER RAO Counsel for the Respondent Nos.3 & 4: SRI P.V.S.S.S.RAMA RAO The Court made the following: JUDGMENT IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI *** WRIT APPEAL No.1039 of 2024 Between: # The Commissioner, Endowments Department, A.P., Hyderabad, now at Gollapudi, Vijayawada, NTR District and others. ...Appellants And $ K.Nagababu, S/o Gopalakrishna Murthy, Superintendent, Sri Chandrasekhara Swamy Devastanam, Ch.Agraharam Village, Ganapavaram Mandal, West Godavari District and others. ...Respondents : 08-01-2025 Date of Judgment pronounced on THE HON’BLE SRI JUSTICE B.KRISHNA MOHAN & THE HON’BLE SRI JUSTICE NYAPATHY VIJAY ; Yes/No Whether Reporters of Local newspapers may be allowed to see the judgments? 1. ; Yes/No Whether the copies of judgment may be marked to Law Reporters/Journals: Whether the Lordship wishes to see the fair copy Of the Judgment? 2. ; Yes/No 3. / I *IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI * THE HON’BLE SRI JUSTICE B.KRISHNA MOHAN & * THE HON’BLE SRI JUSTICE NYAPATHY VIJAY + W.A.No.1039 of 2024 % Dated; 08-01-2025 Between: #The Commissioner, Endowments Department, A.P., Hyderabad, now at Gollapudi, Vijayawada, NTR District and others. ...Appellants And $ K.Nagababu, S/o Gopalakrishna Murthy, Superintendent, Sri Chandrasekhara Swamy Devastanam, Ch.Agraharam Village, Ganapavaram Mandal, West Godavari District and others. ...Respondents GP for Endowments ! Counsel for the Appellant(s) 1. P.V.S.S.S.Rama Rao Counsel for Respondent(s) 2. M.Surender Rao 3. M.Vidyasagar <GIST; >HEAD NOTE; ? Cases referred: r P.) / i}k 3 [3516] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) WEDNESDAY ,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE APHC010552932024 PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT APPEAL NO: 1039/2024 under clause 15 of the Letters Patent to allow the Writ in W.P.No.33216 of Writ Appeal Appeal by setting aside the order dated 12-07-2024 in 2012 and pass Between: A.P., 1 THE COMMISSIONER, ENDOWMENTS DEPARTMENT, HYDERABAD, NOW AT GOLLAPUDI, VIJAYAWADA, NTR DISTRICT 2. STATE OF ANDHRA DEPARTMENT, REP. BY NOW AT AMARAVATHl, GUNTUR DISTRICT, A.P., REVENUE (ENDOWMENTS) PRADESH, ITS PRINCIPAL SECRETARY, HYDERABAD ...APPELLANT(S) AND 1 K NAGABABU, S/0 GOPALAKRISHNA MURTHY SUPERINTENDENT SRI DEVASTANAM CH AGRAHARAM SWAMY CHANDRASEKHARA GANAPAVARAM MANDALWEST GODAVARI DISTRICT. VILLAGE 2 SRI N S CHAKRADHARA RAO, EXECUTIVE OFFICER SRI MADDI ANJANEYA SWAMY DEVASTANAM GURAVAYAGUDEM ULLAGE JANGAREDDYGUDEM MANDAL WEST GODAVARI DISTRICT.(NOW A SRI VENKATESWARA SWAMY VARI DEVASTHANAM, VADAPALLl, DR.BR.AMBEDKAR DISTRICT) I 4 i 3.SRI B H V S N KISHORE KUMAR, S/0 BUTCHI RAJU EXECUTIVE OFFICER SRI KOTA SATTEMMA AMMAVARI TEMPLE NIDADAVOLE POST AND MANDAL WEST GODAVARI DISTRICT, TIRUPATAMMA AMMAVARI TEMPLE, DISTRICT. NOW AT SRI PEBUGNCHIPROLU, NTR 4.SRI P VISWANADHA RAJU, EXECUTIVE OFFICER SRI PARIJATHA VENKATESWARA SWAMY TEMPLE JANGAREDDYGUDEM GODAVARI DISTRICT. (NOW AT SRI P.M.K RAJAMAHENDRAVARAM) WEST CHOULTRY ...RESPONDENT(S): lA NO: 1 OF 2024 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 pleased to condone the delay of (114) days in filing the Writ Appeal against order passed by the Learned Single Judge in W.P.No. 33216 of 2012, dated 12-07-2024 and pass lA NO: 2 OF 2024 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 pleased to suspend the operation of the orders dated 12-07-2024 in W.P.No. 33216 of 2012 passed by the Learned Single Judge, pending disposal of the writ appeal and pass Counsel for the Appellant(S): 1.GP FOR ENDOWMENTS Counsel for the Respondent(S): 1.PVSSSRAMA RAO 2.MSURENDERRAO 3.M VIDYASAGAR r 5 Court made the following JUDGMENT : Hon’ble Justice B.Krishna Mohan) The (per Government Pleader for the appellants and Heard the learned learned counsel for the 1"' respondent the preferred against the order passed by the learned dated 12.07.2024 directing the extended to the respondent This Writ Appeal is single Judge in W.P.No.33216 of 2012 2. appellants to extend the same benefits as were Nos.2 to 4 herein by applying the provisions of G.O.Ms.No.262 to the 1 appropriate proceedings within a period of six weeks respondent by issuing the date of receipt of the representation ion of the respondent/petitioner from therein. respondent Nos.1 and 2 in the writ writ petitioner and the respondent 3. The appellants herein are the petition, the 1 Nos.2 to 4 herein are the respondent herein is the respondent Nos.3 to 5 in the writ petition. respondent that while he was working as Junior It is the case of the 1 the establishment of Sri Chandrasekhara Swamy Devasthanam 4. Assistant in Ch.Agraharam, West Assistant on 22.10.1994 in promoted as Senior Godavari District, he was the same Devasthanam, then he was transferred 6 N to Sri Dhaneswari Ammavari Devasthanam at Duvva Village where he was promoted as Superintendent. The grievance of the 1®‘ respondent is that the respondent Nos.2 to 4 were given promotions in pursuance of the G.O.Ms.No.262, dated 20.05.2002, but when it comes to the promotion of the respondent, the G.O.Ms.No.888 dated 08.12.2000 was applied illogically. Consequently, he was denied promotion and the other benefits. As seen from the seniority list prepared by the appellants as on 14.12.2021, the 1®* respondent has been working as Superintendent from 01.02.2009 after being promoted, whereas the respondent Nos.3 to 5 were promoted in the year 2013. As per G.O.Ms.No.262, the 1®' respondent would be entitled to the next promotion as Executive Officer Grade-1. The 2"'^ respondent herein filed the counter in the writ petition stating that the 1®* respondent was suspended from the service and that the Writ Petition Nos.1604 of 2010, 2416 of 2010 and 8097 of 2010 were filed before this Court seeking payment of salaries and cancellation of deputation against the orders of suspension etc. The counsel for the 1®‘ respondent submitted that the proceedings against the 1®* respondent were also dropped by the 1®* appellant. As the entire service record of the 1 respondent is available with the 1®' appellant, it is for the 1®* appellant to St 7 extend the service benefits on par with the respondent Nos.2 to 4 by applying the G.O.Ms.No.262, dated 20.05.2002. The learned counsel for the appellants refers to the common order passed by the Division Bench of the erstwhile High Court in Writ Petition No.23044 of 2017 and Writ Appeal No. 1888 of 2017 dated 04.01.2018 5. which reads as under: 8. Therefore, the writ petition is allowed, the impugned order is set aside. Now it appears that the Principal Secretary to Government has changed. If it is so, the present incumbent or another incumbent who is the competent to hold the office of the Principal Secretary and who was not the Commissioner, who passed the order dated 08.08.2011, shall deal with the revision of the writ petitioner and dispose it of in accordance with law within a period of three (3) months, from the date of receipt of a copy of the order. Since the writ petitioner had protective orders from this Court till disposal of the revision petition and also since the writ petitioners enjoyed a protective order as against the revisional authority’s order dated 15.05.2017, the petitioner shall have the same protection, until the disposal of the revision. 9. As a consequence, the writ appeal is closed as no further orders are necessary. Accordingly, pending revision before the Government/2"'^ appellant, the 1®‘ respondent got protection from reversion from the post of Superintendent. The G.O.Ms.No.888 dated 08.12.2000 issued under Section 35(4) 6. read with SectonJ53 of the Act (Act No.30 of 1987) deals with the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 8 \ ? 4 \ 1987 and Service Rules 2000. These rules would apply to all the office Holders and servants of all the Charitable and Hindu Religious Institutions and Endowments including Mutts and Dharmadayams except the office holders and servants of the Tirumala Tirupati Devasthanams. Rule 35 of the said G.O. deals with the relaxation of the rules by Commissioner as under: 35. Relaxation of Rules by the Commissioner:- The Commissioner may relax any rule In favour of these rules in favour of any person or any class of persons for being appointed, otherwise than by direct recruitment, to any office or post or of any person who is serving or has served in any of the institution in such manner as may appear to him just and equitable. Provided that where any such rule is applicable to the case of any person or class of persons, it shall not be relaxed in any manner less favourable to the person or class of persons than that provided by that rule. Relying upon the said provision, the learned Government Pleader for the appellants submits that the 1®‘ appellant has got the discretion to relax any of the said rules to any person for any post other than by direct recruitment, with the proviso as mentioned therein. 7. Similarly, Rule 39 of the said G.O. deals with the qualifications with annexure-lll as under: 9 39. Qualifications:- No person shall be eligible for appointment to column (2) of the Annexure-lll appended to these rules y mthod specif,ed in column (3) thereof, unless he possesses the gualifications specified in the corresponding entry ,n column (4) thereof. Annexure-ill Method of recruitment Qualifications iMaximum Age Name of the post Category 151 111 151 121 111 Cateqorv-1 : Category-2 Superintendent from Senior I.By promotion Assistant. 2. By loan of services Superintendent Fndovitments Department—^— 1.By promotion from Junior Assistant. 2 By loan of services of Senior from Endowments of from 1. Must have passed Accounts T est for Subordinate Officers Part-1. 2. Endowments Department Test Part-1 & II. Senior Assistant Category-3 Assistant Department. Cateqorv-4 Cateqory-S Cateqory-6 Note: If persons available those who have be appointed. Government of Andhra Pradesh in the erstwhile Subsequently, the combined State issued G.O.Ms.No.262, Revenue (Endowments-1), dated 29 of the Act (Act No.30 Pradesh Charitable and Hindu Subordinate Service (Non-Gazetted) 8. under Section 153(1) read with section 20.05.2002 called as the Andhra of 1987) which is Religious Institutions and Endowments the Rule 3 Class-Ill Note-1, the appointment to the post of Rules. As per Executive Officer Grade-I in every cycle of 20 vacancies shall be made in the order of rotation as specified below; ! 10 1 4"’ vacancy to the Superintendents in Head Office 14'^ vacancy to the Superintendents working in the respective Multi Zone (Two) iii) by transfer from Superintendents of Andhra Pradesh Ministerial Service of Endowments Department. Rule 5 of the said Rules deals with the qualifications as under; Qualifications: No person shall be eligible for appointment to the class and categories as specified in columns (1) and (2) respectively of the Annexure to these rules by the method specified in column (3) unless he possesses the qualifications specified in the corresponding entry in column (4) thereof The corresponding Annexure under Rule 5 which is relevant for the post of Class-I Executive Officer Grade-I is as below: Class Category Method of appointment Qualification (1) (2) (3) (4) Class-I(1) Executive Officers Grade-I i)by direct recruitment through APPSC Group-ilA Services. Must possess a Bachelor's degree from a University in India established or incorporated by or under a Central Act or a State Act or Provincial Act or any other institution recognized by the University Grants Commission or any other equivalent qualifications 1. Must have passed Account Test for Sub-ordinate Officers Part-1 2. Must have passed Endowments Department Test Paper-1 and Part-ll (Act and Rules). ii) by promotion and transfer. 9. Relying upon the above said rules of qualifications and eligibility, the learned counsel for the appellants submits that the 1®‘ respondent should have passed Accounts Test for Subordinate Officers Part-I and he must have passed Endowments Department Test Paper-I and Part-ll (Act and Rules) to be considered for the post of Executive Officer Grade-I by way of promotion and transfer and these rules cannot be relaxed. Whereas the 1 11 learned counsel appeared for the respondent relies upon the Rule 35 of G.O.Ms.No.888, dated 08.12.2000 as stated supra. He also refers to the nd appellant dated 20.04.2013 issued in respect of the 2 memo of the 1 respondent. Upon consideration of the rival submissions made and the relevant rules as stated above and upon perusal of the order of the learned single Judge dated 12.07.2024, it is very clear that the appellants have not filed their counter and made any submissions in the writ petition and for the first time in this writ appeal they argued about the ineligibility of the 1®‘ respondent herein for promotion to the post of Executive Officer Grade-1 contending that the G.O.Ms.No.262 dated 20.05.2002 has no application to the case of the 1®‘ respondent herein. Hence, the learned Single Judge has opportunity to appreciate the contentions of the appellants herein. The above said rules are not overlapping to each other and they exist respondent has not questioned the 10. no I \ independently. Admittedly, the 1 promotions given to the respondent Nos.2 to 4 but claimed on par with them. From the totality of the above said facts and circumstances and the rules, this Court deems it fit as just and necessary to give an opportunity for the appellants to file a detailed counter both on facts and law before the learned single Judge in the above said writ petition, subject to payment of of Rs.5000/- to the credit of A.P. High Court Legal Services costs 12 Committee within a period of four (4) weeks from the date of receipt of copy of this order and within the said time only the necessary counter shall be filed by the appellants herein in the above said writ petition. Considering the case of the respondent, the appellants and the other respondent Nos.2 to 4 if any, the learned single Judge can decide afresh the above said writ petition strictly on its own merits without reference to the above said order which is assailed in this writ appeal. Thus, by setting aside the above said order of the learned single Judge dated 12.07.2024, the matter is remanded for fresh hearing of W.P.No.33216 of 2012 as indicated above. Accordingly, the Writ Appeal is disposed of. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. 11. As a sequel. Miscellaneous Petitions pending, if any, shall stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR ' SECTION OFFICER //TRUE COPY// One fair copy to the Hon’ble SRI JUSTICE B. KRISHNA MOHAN (For His Lordships Kind Perusal) One fair copy to the Hon’ble SRI JUSTICE NYAPATHY VIJAY (For His Lordships Kind Perusal) To, 1. The Commissioner, Endowments Department, A.P., Hyderabad, Now at Gollapudi, Vijayawada, NTR District 2. The Principal Secretary, Revenue (Endowments) Department, State of Andhra Pradesh, Hyderabad Now at Amaravathi, Guntur District, A.P. 3. Two CC’s to GP for Endowments, High Court of A.P.at Amaravati[OUT] 4. One CC to Sri M. Vidyasagar, Advocate [OPUC] 1 5. One CC to Sri M. Surender Rao, Advocate[OPUC] 6. One CC to Sri P.V.S.S.S. Rama Rao, Advocate[OPUC] 7. 9 LR Copies 8. The Under Secretary, Union of India, Ministry of Law, Justice and Company Affairs, New Delhi. 9. The Secretary, A.P. Advocates’ Association Library, High Court Buildings, Amaravathi. 10. Three CD Copies. ssb HIGH COURT DATED:08/01/2025 JUDGMENT WA.No.1039 of 2024 50F 10 FEB 2025 o «o ^ . Current i>ection . DISPOSING OF THE W.A. WITHOUT COSTS