IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 4605 OF 2019 Between: SALEEM MOHD ...PETITIONER AND STATE OF ANDHRA PRADESH & OTHERS ...RESPONDENT(S): Counsel for the Petitioner: M.DURGA PRASAD RAO Counsel for the Respondent(S): SHAIK KHAJA BASHA FOR WAKF BOARD The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a writ of Mandamus, declaring the action of Respondent No.2 in issuing the impugned Office Order F.No.E2/65/2007-S, dated 24.09.2018 as illegal, arbitrary, unjust, void, and unconstitutional and in violation of principles of natural justice and to pass such other order or orders in the circumstances of the case .” 2. Heard Sri M.Durga Prasada Rao, learned counsel for the Petitioner and Sri Shaik Khaja Basha, learned Standing Counsel for Respondent No.2. 3. Learned counsel for the Petitioner would submit that the Petitioner was initially appointed as Additional Inspector Auditor in L.D.Cadre in A.P.State Wakf Board on 25.05.1987 and later he was promoted as Senior Assistant on 13.06.2000 and subsequently as Superintendent on 24.02.2016 along with 2 Respondent Nos.3 to 6. Learned counsel would further submit that, as per the seniority list, the Petitioner is at Serial No.5 for the promotion to the post of Assistant Secretary, but he was not promoted, even though his juniors having less qualification were promoted and the same is violation of principles of natural justice. 4. Learned Standing Counsel for Respondent No.2 would submit that they have nothing to with the said process. It is further submitted that the Petitioner is no more in service. Promotion depends on seniority and also merit, but not seniority alone, because it is a selection post. The contentions raised by the Petitioner are not tenable. Hence, prayed for dismissal of the petition. 5. Considering the submissions made and the material placed on record, as rightly put by the learned Standing Counsel for Respondent No.2, the promotion to the post of Assistant Secretary depends on the seniority as well as merit, since it is a selection post. Having followed the due procedure, the Departmental Promotion Committee approved the selection list. It is not the case of the Petitioner that he was not shown in the zone of promotion. His name is present in the said list, but his candidature was not considered for the said promotion. No material has been placed before this Court to show that, it is a deliberate action of the Respondent-Authorities in denying the promotion to the Petitioner. In such circumstances, this Court is of the view that there is no merit in the contentions raised by Petitioner. Therefore, the petition deserves dismissal. 3 6. In the result, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:26.03.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.4605 of 2019 Dt.26.03.2025 Dinesh