Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 8179 (AP)

D LAVANYA v. THE STATE OF AP

WP/4642/2025 · 2025-02-24

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUAR#^ TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4642 OF 2025 Between: D Lavanya, W/o. Late Vijay Kumar, Aged about 44 years, Occ:Senior Assistant in Sri Kalahastheeswara Swamy Varla Devasthanam, Srikalahasthi, Tirupati 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, Krishna District. 3. Sri Kalahastheeswara Swamy Varla Devasthanam, Srikalahasthi, Tirupati District Rep. by its Executive Officer. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ order or direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the 2""^ and 3'^^ respondents in not considering the case of the petitioner for promotion to the post of the Superintendent in the establishment of the 3'"^ respondent Temple the existing vacant post as bad, illegal, arbitrary and violative of Articles 14 16 and 21 of Constitution of India and consequentially direct the 2^^ and 3'^'^ respondents to grant promotion to the petitioner to the post of Superintendent in the establishment of 3'"^ respondent Temple from the date of eligibility and to grant all consequential and monetary benefits. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the 2^"^ and 3'"'^ respondents to take action on the memo of the 2^"^ respondent issued vide L.Dis No. C1/13027(34)/3/2024 dated 13.08.2024 and to grant promotion as Superintendent by considering petitioner representations dated 02.01.2025, 23.12.2024 & 07.07.2024. Counsel for the Petitioner :SRI. D V SASIDHAR Counsel for the Respondent No’s. 1 to 3: GP FOR SERVICES II The Court made the following ORDER: ' APHC010087042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4642/2025 Between: 1.D LAVANYA, W/0. LATE VIJAY KUMAR, AGED ABOUT 44 YEARS, OCC. SENIOR ASSISTANT IN SRI KALAHASTHEESWARA SWAMY VARLA DEVASTHANAM, SRIKALAHASTHI, TIRUPATI DISTRICT ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT, REVENUE (ENDOWMENTS) DEPARTMENT VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT. 3. SRI KALAHASTHEESWARA SWAMY VARLA DEVASTHANAM, SRIKALAHASTHI, TIRUPATI DISTRICT REP. BY ITS EXECUTIVE OFFICER ...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 to issue an appropriate Writ order or direction more particularly, one in the nature of Writ of -Mandamus, declaring the action of the 2ND and respondents in not considering the case of the petitioner for promotion to the post of the Superintendent in the establishment of the 3RD respondent Temple the existing vacant post as bad, illegal, arbitrary and violative of Articles 14, 16 and 21 of Constitution of India and consequentially direct the SRS,J W.P.No.4642 of 2025 2ND and 3RD respondents to grant promotion to the petitioner to the post of Superintendent in the establishment of 3RD respondent Temple from the date of eligibility and to grant all consequential and monetary benefits and to pass lA 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 direct the 2ND and 3RD respondents to take action on the memo of the 2ND respondent issued vide L.Dis No. Cl/13027(34)73/2024 dated 13.08.2024 and to grant promotion as Superintendent by considering representations dated 02.01.2025, 23.12.2024 & 07.07.2024 and pass Counsel for the Petitioner: petitioner 1.D VSASIDHAR Counsel for the Respondent{S): 1.GP FOR SERVICES II The Court made the following: :: ORDER :: The above writ petition is filed to declare the action of respondents 2 & 3 in not considering the petitioners’ case for promotion to the post of Superintendent in respondent No.3 temple, as illegal and arbitrary. Heard Sri D.V. Sasidhar, learned counsel for the petitioner and learned Assistant Government Pleader for Endowments appeared for respondents 1 to 3. 2. Learned counsel for the petitioner would submit that the petitioner was promoted to the post of Senior Assistant on 23.11.2022. The petitioner is eligible for promotion to the post of Superintendent in terms of G.O.Ms.No.888 3. P^ge 3 of 4 SRS,J W.P.No.4642 of 2025 dated 08.12.2000. The petitioner made a representation dated 23.12.2024. However, the same was not considered by the respondents. Learned Assistant Government Pleader for Endowments submitted the instructions of the Executive Officer of respondent No.3, wherein, it was 4. mentioned that at present there is no vacancy for the post of Superintendent in respondent No.3 Devasthanam. Respondent No.2 issued orders and vide Devasthanam sanctioned five posts of Superintendents to Rc.No.B3/19556/2011-2, dated 16.06.2012. As per the cadre strength, at present, five superintendents have been working in the respondent No.3 temple. Recently, a report was submitted to respondent No.2 vide Rs.No.Rev.59-A1/9/2024-SA2-2, dated 23.10.2024, for sanction of additional cadre strength to respondent No.3 temple. Respondent No.2 considered the request of the petitioner and processed the same to the Government. Learned counsel for the petitioner endorsed the same. Given the facts and circumstances of the case, the Writ Petition is disposed of, at the stage of admission with the consent of both the learned counsel, directing respondent No.3 to pass appropriate orders regarding the petitioner’s promotion to superintendent, strictly as per the Rules, within three (03) months from the receipt of the copy of the order. No order as to costs. 5. 6. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR CTSflOf //TRUE COPY// SE OFFICER 1. The Principal Secretary, Revenue (Endowments) Department, State of Andhra Pradesh, Secretariat, Velgapudi, Amaravathi, Guntur District. 2. The Commissioner, Endowments Department, Gollapudi, Viiavawada Krishna District. 3. The Executive Officer, Sri Kalahastheeswara Swamy Varla Devasthanam, Srikalahasthi, Tirupati District. To r * 4. One CC to SRI. D V SASIDHAR, Advocate [OPUC] 5. Two CCs to GP FOR SERVICES II, High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies PRK HIGH COURT DATED: 24/02/2025 ORDER WP.No.4642 of 2025 0 9 APR 2025 a P»/ ^ . Current Section DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS