M. V. Gopalarao, v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO Writ Petition No. 17215 of 2016 Order:

The petitioner joined the third respondent-Temple as a Clerk on 01.06.1986. His services were regularized with effect from 01.01.1987. Thereafter, he was promoted as Senior Assistant on 08.01.1999 and further promoted as Superintendent on 01.12.2000. He was promoted as Assistant Executive Officer which is equivalent to PA to Executive Officer in RJC Cadre Temples on 24.04.2008 and has been continuing as such till date. The third respondent-Temple was upgraded to Regional Joint Commissioner Cadre Temple from that of Deputy Commissioner Cadre Temple. A common provisional seniority list of AEOs (PA to EOs) working in major temples in multi zone-I was drawn in the year 2009. In the said common provisional seniority list, the petitioner was shown at Sl.No.16, but the said list was not finalized till 2011.

But, on the basis of the provisional seniority list promotions were being effected by transfer as Assistant Commissioners of Endowments from the persons shown in the provisional seniority list. The final seniority list was ultimately communicated on 02.04.2011. In the final seniority list the petitioner was shown at Serial No.4. The petitioner claims to be a second qualified and eligible person for promotion by transfer to the post of Assistant Commissioner and there are 35 vacant posts of Assistant Commissioners in the State. It is the allegation of the petitioner that the respondents did not take any steps to draw panels and convene DPC for effecting promotions by transfer to the post of Assistant Commissioner in the State. In those circumstances, he submitted a detailed representation on 24.04.

2016 to the respondents 1 and 2 to update the seniority list and consider his case for promotion as Assistant Commissioner and when no action was taken, the present Writ Petition was filed.

2. Since the grievance of the petitioner is for promotion from the

post of Assistant Executive Officer to the post of Assistant Commissioner in Endowments Department based on the final seniority list communicated it is for the authorities to consider the same.

3. In view of the submission of representation to the second respondent on 24.04.2016, this Court is inclined to dispose of the Writ Petition with a direction to the second respondent to consider the representation of the petitioner dated 24.04.2016 and pass appropriate orders thereon in accordance with law within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs.

4. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ________________________ A.

RAMALINGESWARA RAO, J Date: 27.06.2016 Nsr