IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION No.7128 of 2000 Between: S.Jaffer Mohiddin son of Syed Ahmed Sanitary Maistry / Daroge, Pamidi Grampanchayat, Pamidi, Anantapur Dist ..... PETITIONER AND 1 The District Panchayat Officer, Anantapur Dist 2 The Commissioner of Panchayat Raj Rural Employment AP., Hyderabad .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more in the nature of Writ of Mandamus directing the respondents to consider the claim of the petitioner for appointment by transfer as Junior Assistant by setting aside the order dt. 29/12/1999 passed by the AP. Administrative Tribunal in OA.No.5437/96 as the same is in violation of Articles, 14, 16 and 21 of the constitution of India. Counsel for the Petitioner:MR.C.SRINIVASA BABA Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION No.7128 of 2000 ORDER: (per the Hon’ble Sri Justice P.Swaroop Reddy) This writ petition is filed by the petitioner assailing the order, dated 29-12-1999, passed by the A.P.Administrative Tribunal, Hyderabad, in O.A.No.5437 of 1996. It is the case of the petitioner that he is eligible to be considered for appointment by transfer to the post of Junior Assistant. He was appointed as Sanitary Maistry on 08-09-1976. He passed S.S.C. and his services were regularized and his probation was also declared. He had put in 20 years of service. On coming to know that several sanitary Maistries were appointed as Junior Assistants and other equivalent categories, he approached the respondent authority for consideration of his claim for promotion. A clarification was sought for from the 2nd respondent and it was clarified that the claim of the petitioner was rejected without any rational criteria. The post of sanitary Maistry is equivalent to the post of Daroga and it falls under last grade service and, therefore, the petitioner is entitled to be considered, as under Rule 3(8) (A) of the A.P. Ministerial Services, 5th and 11th vacancies out of a cycle of 12 vacancies were reserved for appointment by transfer from lower categories like Record Assistants, Attenders etc. While admitting the O.A. on 20.09.96, the Tribunal passed the interim order directing the respondents herein to consider the case of the petitioner as per Rule 3 (14) (b) of the A.P.Ministerial Service Rules and as per his seniority and eligibility in the unit. Thereafter, the Tribunal vide order, dated 29-12-1999 dismissed the said O.A. Now the contention of the learned counsel for the petitioner is that as per G.O.Ms.No.517, dated 29-10-1987, the petitioner is eligible to be promoted to the post of Junior Assistant. On the other hand, the learned Government Pleader contends that the petitioner is governed by set of rules i.e., Andhra Pradesh Panchayat Raj Subordinate Service Rules, as per which, he is eligible to be promoted as Sanitary Inspector but not as Junior Assistant. Learned counsel for the petitioner does not dispute that Andhra Pradesh Panchayat Raj Subordinate Service Rules are applicable to the petitioner, but simultaneously contends that Rules mentioned under G.O.Ms.No.517, dated 29-10-1987, are also applicable to the petitioner. In view of the fact that the Andhra Pradesh Panchayat Raj Subordinate Service Rules are applicable to the petitioner, Rules mentioned in the said G.O. could not be said to be applicable to the petitioner. It is not clear as to whether the petitioner, who is at the fag-end of retirement, is qualified to be appointed to the post of Sanitary Inspector or not. Considering these circumstances, particularly in view of the fact that the rules relied on by the petitioner are not applicable and what are applicable are only Andhra Pradesh Panchayat Raj Subordinate Service Rules, under which, he can be promoted only as Sanitary Inspector but not as Junior Assistant, the relief claimed by the petitioner cannot be considered. Hence, there are no merits in the writ petition and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J _____________________ P.SWAROOP REDDY, J Date: 15-07-2009 Prv