APHC010551822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28682/2025 Between: 1. M V V S NANDA KUMAR, S/O. LATE MADANMOHAN RAO, AGE 50 YEARS, OCC . SENIOR ASSISTANT IN SRI RANGREZ MUTT @ SRI ANJANEYA SWAMY TEMPLE, ELURU, ELURU DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (ENDOWMENTS) DEPARTMENT, SECRETARIAT, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOLLAPUDI, VIJAYAWADA, NTR DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toPleased to issue a writ order or direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent not considering petitioner's representation dated 02.09.2025 Seeking appointment by transfer of service as E.O- II from Senior Assistant by taking into consideration actual date of promotion as Junior Assistant w.e.f. 29.08.2001 instead 2 of 18.02.2011 and Senior Assistant from 29.08.2008 instead of 18.02.2014 as bad, illegal, arbitrary, discriminatory and violative of articles 14, 16 and 21 of Constitution of India and consequentially direct the respondents to grant all consequential, service and monitory benefits and pass IA NO: 1 OF 2025 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 direct the 2nd respondent to considering petitioner’s representation dated 02.09.2025 for promotion by transfer of service as Executive Officer- Grade II post in erstwhile Eluru District (Eluru and West Godavari District) and pass such other order. Counsel for the Petitioner: 1. D V SASIDHAR Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.28682 OF 2025 ORDER: 1. The present Writ Petition is filed to declare the action of the 2nd respondent in not considering petitioner’s representation dated 02.09.2025 seeking appointment by transfer of service as E.O-II from Senior Assistant by taking into consideration actual date of promotion as Junior Assistant w.e.f. 29.08.2001 instead of 18.02.2011 and Senior Assistant from 29.08.2008 instead of 18.02.2014 as illegal and arbitrary. 2. The case of the petitioner is that he was promoted to the post of Junior Assistant on 29.08.2001 and further promoted as Senior Assistant on 29.08.2008. However, there was no channel of promotion from the post of Record Assistant to Junior Assistant at that time and a channel of promotion was created from Record Assistant to Junior Assistant through amendment to G.O.Ms.No.888, Revenue (Endowments-I), dated 08.12.2000 vide G.O.Ms.No.128, Revenue (Endowments-I), dated 18.02.2011 to the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Office Holders and Servants Service Rules, 2000. 3. It is stated that the Respondents are taking the date of amendment of Rule providing channel of promotion from 2011 onwards for the 4 purpose of counting seniority of the individuals who have promoted from the cadre of Record Assistant to Junior Assistant. 4. It is further contended that this Court in W.P.No.21759 of 2020 had considered this aspect and directed the Respondents therein to consider the service of the Petitioner from the actual date of his promotion as Junior Assistant. In that view, in that context, the Petitioner made a representation on 02.09.2025 for consideration of promotion to the post of Executive Officer Grade-II taking into consideration the original date of promotion to the post of Junior Assistant on 29.08.2001 and that of Senior Assistant from 29.08.2008. 5. The learned Assistant Government Pleader submits that the representation of the petitioner would be considered taking note the Judgment of this Court in W.P.No.21759 of 2020, dated 23.03.2023. 6. This Court in W.P.No.21759 of 2020 had considered the case of a similarly placed employee whose seniority in the cadre of Junior Assistant was re-fixed from the date of amendment to the Rule vide G.O.Ms.No.128, dated 18.02.2011. Paragraph 24 thereof is extracted below: <24. In the case on hand, petitioner was initially promoted as junior assistant in the year 2004 and later as senior assistant on completion of 3 years in the year 2007. In view of the expression of the Hon’ble Apex Court referred to supra, 5 respondent shall have to reckon the seniority of the petitioner from the date of his promotion as Junior Assistant 09.02.02004 and Senior Assistant in the year 28.03.2007.= 7. In that view, considering the submissions made, the writ petition is disposed of directing the respondents to consider the representation of the petitioner dated 02.09.2025 for promotion to the post of Executive Officer Grade-II for appointment by transfer to the post of Executive Officer Grade-II taking note of the judgment of this Court in W.P.No.21759 of 2020 dated 23.03.2023 and pass appropriate orders. 8. There shall be no order as to costs. 9. As a sequel, pending applications, if any, shall stand closed. _________________ NYAPATHY VIJAY, J Date: 17.10.2025 sj 6 120 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WPNo.28682 of 2025 Dt.17.10.2025 sj