APHC010606792024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 203/2025 Between: 1. MUDILI SAI GANESH, S/O. SIMHACHALAM (LATE), AGED ABOUT 30 YEARS, OCC. VILLAGE AGRICULTURE ASSISTANT (GR-2), RAIGUDDIVALASA VILLAGE, PACHIPENTA MANDAL, PARVATHIPURAM MANYAM DISTRICT (ESTWHILE VIZIANAGARAM DISTRICT), ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT (MDL-I) DEPARTMENT, A.P., SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR OF AGRICULTURE, ANDHRA PRADESH GOVERNMENT, IHC CORPORATE, GROUND FLOOR, COMMISSIONRATE OF AGRICULTURE AND COOPERATION, MANGALAGIRI, GUNTUR DISTRICT-522503. 3. THE DISTRICT COLLECTOR, VIZIANAGARAM, VIZIANAGRAM DISTRICT. 4. THE DISTRICT AGRICULTURE OFFICER, DISTRICT COLLECTORATE COMPLEX, VIZIANAGRAM, VIZIANAGRAM DISTRICT. ...RESPONDENT(S): 2 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 be pleased to issue a writ, writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent authorities not adding 6 marks (76.75 plus 6 is equal to 82.75) for the 2 years 2 months service rendered as Micro Irrigation District Coordinators (MIDCs) of the (Horticulture Department) in the select list or in the provisional/Final list published in category of Village Agriculture Assistants (Grade -II) vide Vide Memo In R.C. No. Estt(2) 41/2024 dated 30.10.2024 inspite of my representation dated 13.11.2024, through spandana dated 18.11.2024 not reviewing my seniority in the original category of Village Agriculture Assistants (Grade -II) on par with similarly situated persons like me is highly illegal, arbitrary, discriminatory and violation of Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents authorities to review the seniority of the petitioner by adding 6 marks to the original marks obtain in District Selection Committee i.e. (76.75 plus 6 is equal to 82.75) and include his in the merit list/Seniority list by placing at Serial No. 163 for promotion to the category of Agriculture Extension Officer (Grade-11) in view of the representation dated 13.11.2024 and through spandana dated 18.11.2024 and to 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 Respondent authorities to direct the respondents authorities to review the seniority of the petitioner by adding 6 marks to the original marks obtain in District Selection Committee i.e. (76.75 plus 6 is equal to 82.75) and include his in the merit list/Seniority list by placing at Serial No. 163 for promotion to the category of Agriculture Extension Officer (Grade-ll) in view of the representation dated 13.11.2024 and through spandana dated 18.11.2024 pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. K SATYANARAYANA MURTHY Counsel for the Respondent(S): 1. GP FOR SERVICES IV 2. GP FOR SERVICES II 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.203 of 2025 ORDER: The present writ petition is filed questioning the action of the respondents in not adding six (06) marks for the 2 years 2 months of service rendered by the petitioner as Micro Irrigation District Coordinator (MIDC) in the Horticulture Department, while preparing the provisional/final list in the category of Village Agriculture Assistant (Grade-II), published vide Memo R.C.No.(Estt)92/41/2024 dated 30.10.2020. 2. In pursuance of the notification issued by the 3rd respondent for appointment to the post of Micro Irrigation District Coordinators (MIDCs), the petitioner was selected and appointed as Micro Irrigation District Coordinator (MIDC) in Vizianagaram District on 11.08.2017. He worked up to 2019 under the control of the Project Director, APMIP, Horticulture Department, on a consolidated pay of Rs.25,000/-, thus rendering service for a period of 2 years and 2 months. 3. While so, a notification was issued for filling up the post of Village Agricultural Assistant (Grade-II). The petitioner appeared for the examination, and as per the merit list published by the District Selection Committee, he was selected based on the ranking assigned. As required under the notification, the petitioner uploaded all his credentials, including Educational Qualifications and the service rendered in the Horticulture Department for 2 years and 2 4 months. However, no weightage marks were added for the said service while preparing the final seniority list issued by the 4th respondent on 30.10.2024. 4. It is the case of the petitioner that similarly placed candidates, namely, Sri Pithavath Indira, Smt. G.Ramya Vijaya Durga, and Smt. M.Santhoshi, were assigned weightage marks by treating their service as Micro Irrigation Area Officers. However, the petitioner was denied similar benefit, thereby depriving him of his rightful claim for promotion to the post of Agriculture Extension Officer. 5. In the counter-affidavit filed by the respondents, it is contended that the service rendered by the petitioner as Micro Irrigation District Coordinator (MIDC) in the Horticulture Department cannot be considered for award of weightage marks as per the notification. It is further stated that the petitioner did not avail the enabling facility at the relevant time for inclusion of weightage marks as per norms. 6. Learned counsel for the petitioner submits that his only grievance is that similarly placed employees were granted weightage marks, whereas the petitioner was denied the same benefit. It is contended that the service rendered as Micro Irrigation District Coordinator (MIDC) in the Horticulture Department is equivalent to temporary service in the Agriculture Department, and therefore, weightage ought to have been awarded. 5 7. Learned Assistant Government Pleader for Services-II submits that the weightage cannot be added since the notification restricts it only to service rendered in the Agriculture Department, and it is not open to the authorities to go beyond the recruitment notification and award marks. 8. Clause 15.5 of the Notification Rules reads as follows: <Weightage of Marks (10%): A Weightage of 1.5 marks for every completed period of 6 months of satisfactory service rendered as MPEOs/ATMs & BTMs of ATMA in Agriculture Department to a maximum of 15 marks. The Service Certificate should be issued by the Joint Director of Agriculture/Project Directors, ATMA of the concerned District. The service rendered for less than 6 months shall be treated as NIL.= 9. As seen from the above, weightage is permissible only for service rendered as MPEOs/ATMs & BTMs of ATMA in the Agriculture Department, and such service should be certified by the competent authority of the Agriculture Department. 10. In the present case, the petitioner admittedly rendered service in the Horticulture Department, and his service certificate is issued by the APMIP, Vizianagaram. 11. Whether such service can be treated as equivalent to the service rendered in the Agriculture Department for the purpose of awarding weightage 6 involves the issue of equivalence, which is within the domain of the State Government. 12. In view of the above, the writ petition is disposed of directing the 1st respondent to examine whether the service rendered by the petitioner as Micro Irrigation District Coordinator (MIDC) in the Horticulture Department is equivalent to the service rendered as MPEOs/ATMs & BTMs of ATMA in the Agriculture Department, for the purpose of awarding weightage marks for appointment to the post of Village Agriculture Assistant (Grade-II). This exercise shall be completed within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________________ JUSTICE NYAPATHY VIJAY Date: 19.11.2025 SNI 7 65 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.203 of 2025 Dated: 19.11.2025 SNI