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2026 DAILYLAW 22095 (AP)

N SREEHARI v. THE STATE OF AP

WP/16933/2025 · 2026-01-22

D Ramesh

body2026

Judgment text

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1 APHC010334802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 16933/2025 Between: 1. N SREEHARI, S/O. LATE NLK SASTRY, AGE 59 YEARS, OCC SUPERINTENDENT, PRESENTLY WORKING AT SRIKALAHASTHEESWARA SWAMYVARI DEVASTHANAM, SRIKALAHASTHI, TIRUPATHI DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (ENDOWMENTS) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, A.P. 2. THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOLLAPUDI, VIJAYAWADA, NTR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. D V SASIDHAR Counsel for the Respondent(S): 2 1. GP FOR SERVICES II The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.16933 of 2025 ORDER: The present writ petition is filed seeking the following relief: “….to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in not implementing the orders of the 1st respondent vide Memo in REV01-Endw/26/2019-Endt-l dated 20.09.2024 restoring the seniority of the petitioner in the cadre of Superintendent with effect from 12.06.2009 as bad, illegal, arbitrary, in subordination and violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the 2nd respondent to implement Govt. Memo dated 20.09.2024 and to grant all consequential service and monitory benefits….” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents. 3. The contention of the learned counsel for the petitioner is that initially the petitioner was appointed as Senior Assistant in Sri Nettikanti Anjaneya Swamyvari Devasthanam, Kasapuram. Subsequently, the Commissioner vide his proceedings dated 31.05.2007 by exercising the powers under Section 39 read with 4 Section 8 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 transferred the petitioner to Kanipakam. Accordingly, he joined the Kanipakam Temple. When the issue with regard to promotion is pending, the petitioner made a representation on 12.12.2023 to the 1st respondent. The 1st respondent after examining the entire issue, orders were passed vide memo dated 20.09.2024 requesting the Commissioner, Endowments to exercise the power conferred under Rule 35 of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Officer Holders and Servants Service Rules, 2000 (for short, „the Rules‟) and by taking into consideration the service rules which was issued vide G.O.Ms.No.888, dated 08.05.2000 for relaxing the Rule 33 of the Rules in respect of the petitioner by cancelling the proceedings issued on 10.12.2009. Despite the said directions, the 2nd respondent has not considered and not passed any order. Hence, the present writ petition. 4. Learned Assistant Government Pleader appearing on behalf of the 2nd respondent requested time to file counter. 5 5. Considering the submissions and on perusal of the orders passed by the 1st respondent on 20.09.2024, it shows that there are no specific positive directions issued to the 2nd respondent and only requested the 2nd respondent to exercise the power under Rule 35 of the Rules and pass appropriate orders. 6. In the said circumstances, without going into the merits of the case, the 2nd respondent is directed to consider the orders passed by the 1st respondent on 20.09.2024 and take appropriate action within a reasonable period. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 23.01.2026 Ivd 6 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.16933 of 2025 Dated: 23.01.2026 Ivd