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2025 DAILYLAW 58589 (AP)

M SRINIVASA RAO v. THE STATE OF AP

WP/31230/2025 · 2025-11-12

Nyapathy Vijay

body2025

Judgment text

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APHC010604502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 31230/2025 Between: M Srinivasa Rao ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. M R TAGORE Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.31230 of 2025 O R DE R: The Writ Petition is filed questioning the action of the Respondents in not considering the Petitioner’s claim for Upgradation/promotion as Superintendent Grade-I (Gazetted) from the post of Superintendent under the Special Rules for the posts of Additional Assistant Commissioner and Superintendent Grade-I (Tahsildar Cadre) in the Andhra Pradesh Commissionerate Land Administration Services ( for short “the Rules, 2006) issued vide G.O.Ms.No.776 Revenue (SER-II) Department, dated 27.06.2006, as illegal and arbitrary. 2. The Petitioner was appointed as Junior Assistant on 09.09.2005 and thereafter he was promoted as Senior Assistant on 09.04.2010 and Superintendent on 12.01.2018. Now, the Petitioner claims for appointment by transfer to the post of Superintendent Grade-I (Gazetted) as provided in the Rules referred above. 3. Learned counsel for the Petitioner submits that as per the Special Rules for the posts of Additional Assistant 3 Commissioner and Superintendent Grade-I (Tahsildar Cadre) in the Andhra Pradesh Commissionerate Land Administration Services (for short “the Rules, 2006) issued vide G.O.Ms.No.776 Revenue (SER-II) Department, dated 27.06.2006, the only criteria provided under Rule 4 of the Rules is that the individual should have undergone and completed the training as ‘Mandal Revenue Officer (Tahsildar Cadre)’ for a period not less than two years. Though the Petitioner has requisite qualification as provided under the Rules, the case of the Petitione is not being considered for appointment by transfer to the Post of Superintendent Grade-I (Gazetted) in spite of the Representation of the Petitioner dated 14.05.2025. Hence, the present Writ Petition. 4. Sri S. Raju, learned Assistant Government Pleader on instructions would submit that the Petitioner was deputed to undergo Tahsildar Training for a period of two years and was allotted to Krishna District vide CCLA Proceedings dated 02.01.2020 in terms of G.O.Ms.No.20 Revenue (Ser-I) Department, dated 04.01.1996 and after completion of two years period, the Petitioner was relieved by the District 4 Collector vide Proceedings dated 26.05.2022. 5. The learned Assistant Government Pleader further submits that thereafter the Petitioner, without reporting to CCLA’s Office, had submitted a representation dated 02.06.2022 to extend Tahsildar Training by one year by allowing him to NRT District on personal issues and spouse grounds. As the request of the Petitioner was not considered, the Petitioner was called upon to report duty at CCLA’s Office. Vide Proceedings dated 10.11.2022, the Petitioner was re- allotted to Krishna District to undergo Tahsildar Training for another year in terms of G.O.Ms.No.20, dated 04.01.1996.. 6. The learned Assistant Government Pleader further submits that as per the Bio-Metric Attendance, the Petitioner after joining the duty on 21.10.2022 has not signed in the Attendance Register and had not applied for leave and unauthorizedly absent for 207 days. It is further stated that after the Petitioner was relieved from Krishna District, the Petitioner joined the Office of Tahsildar, Ibrahimpatnam on 06.06.2023. After a lapse of six months, based on the Proceedings with regard to unauthorized absence, a show cause notice was 5 issued to the Petitioner. 7. Heard the respective counsel. 8. One aspect which is undisputed in the instructions of the learned Assistant Government Pleader that the Petitioner had completed two years training period as Tahsildar from 02.01.2020 to 29.02.2022. 9. In that view, it would be appropriate for the Respondents to consider the Representation of the Petitioner dated 14.05.2025 for appointment by transfer to the post of Superintendent Grade-I( Gazetted) and pass appropraite orders thereon. 10. Accordingly, the Writ Petition is disposed of directing the Respondents to consider the representation of the Petitioner dated 14.05.2025 within a period of eight weeks from today. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed __________________ NYAPATHY VIJAY, J Date: 13.11.2025 eha 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 31230/2025 Dt. 13.11.2025 eha