APHC010264812020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17471/2020 Between: 1. BEZAWADA SURYA KUMARI, D/O. VENKATESH, AGED- 32 YEARS, OCC VILLAGE REVENUE ASSISTANT, RIO JILLELAMUDI VILLAGE, KANDUKURI MANDAL, PRAKASAM DISTRICT, ...PETITIONER AND 1. THE STATE OF A P, REP. BY ITS PRINCIPAL SECRETARY, REVENUE, SECRETARIAT, VELAGAPUDI, AT AMARAVATHI GUNTUR DISTRICT. 2. THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, GOLAPUDI, VIJAYAWADA. 3. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, ONGOLE. 4. THE REVENUE DIVISIONAL OFFICER, KANDUKURI DIVISION, KANDUKURI, PRAKASAM DISTRICT. 5. THE TAHSILDAR, KANDUKURI MANDAL, PRAKASAM 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 of mandamus or any other appropriate Writ or direction declaring the action of the respondents in not given the seniority to the petitioner from 17.08.2012 instead of 25.06.2014 in the cadre of VRA and not consider her promotion as VRO while giving promotions to her juniors is 2 illegal, arbitrary and unjust and violation of the Article 16 of the Constitution of India and consequently direct the respondents to consider the case of the petitioner for promotion to the post of VRO by taking the seniority from the date i.e., 17-08-2012 instead of 25-06-2014 in the cadre of Village Revenue Assistant, with all consequential benefits and pass IA NO: 1 OF 2020 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 pleased to direct the respondents to consider the seniority of the petitioner in the cadre of VRA from 17-08-2012 and consider the case of the petitioner for promotion to the psot of VRO in the existing vacancies pending disposal of the writ petition and pass. Counsel for the Petitioner: 1. KOTI REDDY IDAMAKANTI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17471/2020 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction particularly one in the nature of a writ of Mandamus declaring the action of the respondents in not given the seniority to the petitioner from 17.08.2012 instead of 25.06.2014 in the cadre of VRA and not consider her promotion as VRO while giving promotions to her juniors is illegal, arbitrary and unjust and violation of the Article 16 of the Constitution of India and consequently direct the respondents to consider the case of the petitioner for promotion to the post of VRO by taking the seniority from the date i.e., 17.08.2012 instead of 25.06.2014 in the cadre of Village Revenue Assistant, with all consequential benefits and to pass such other order or orders.” 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner applied to the post of Village Revenue Assistant in pursuance of the notification dated 07.12.2011 which specifies that the candidates shall be the natives of the revenue village, for which the recruitment is notified. Subsequently, there was an amendment to the said notification vide G.O.Ms.No.502 dated 04.08.2012 by which the candidates who are not natives of the revenue village are also eligible for the post. Challenging the same, the petitioner approached the Andhra Pradesh Administrative Tribunal at Hyderabad by way of O.A.No.7254 of 2012, wherein the Tribunal at 4 the stage of admission passed an interim order dated 12.09.2012 suspending the G.O.Ms.No.502 dated 04.08.2012. Thereafter, on 11.04.2014 the Tribunal passed a final order directing respondent Nos.1 to 3 to consider the case of the petitioner for appointment to the post of Village Revenue Assistant, as per the notification dated 07.12.2011 of the 2nd respondent therein, in the villages they applied, duly taking into consideration their qualification, eligibility and as per Rules and pass appropriate orders within a period of eight weeks from the date of receipt of copy of the order. Pursuant to the order of the Tribunal, 4th respondent has given appointment order to the petitioner vide proceedings dated 06.06.2014. In view of the said proceedings, the 5th respondent also issued posting orders dated 24.06.2014. Pursuant to the same, the petitioner joined into the services. He further submits that the respondents, by considering the date of appointment of the petitioner as 25.06.2014 ignoring the original date of selection on par with others have prepared provisional seniority list which is now impugned before this Court. 4. Learned counsel for the respondents submits that the services of one Ms.Sk.Asma, D/o.Hasi Basha, who was appointed in the said post on 17.08.2012, were withdrawn and the petitioner was appointed in the resultant vacancy. 5. In view of the above facts and circumstances of the case, it can be understood that the petitioner would be accommodated in the 5 place of one Ms.Sk.Asma who joined and withdraw from the service on 17.08.2012 and hence, the petitioner would automatically get an entitlement for appointment with effect from 17.08.2012. Hence, holding as such, the respondents are directed to revise the provisional seniority list by considering the date of appointment of the petitioner as 17.08.2012 instead of 25.06.2014. 6. With the above directions, the Writ Petition is allowed. No costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 27.02.2026 TTPPSS//BBSSPP 6 207 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17471/2020 27.02.2026 TTPPSS//BBSSPP