IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 4067 of 2009 Between: B. Balanagaiah, S/o. Subbaramaiah, Bapatla, R/o. T. Nagar, Suryalanka Road, Bapla, Guntur District. ..... PETITIONER AND 1 The District & Sessions Judge, Guntur District at Guntur 2 The Registrar (Admn), High Court Building, High Court of Andhra Pradesh, 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 an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st Respondent in not considering the petitioner for promotion of Senior Assistant as illegal, arbitrary and un-constitutional and consequently direct the respondent to consider the petitioner for the post of Senior Assistant as per qualification prescribed under the old rules and pass Counsel for the Petitioner: R.CHALLA AJAY KUMAR Counsel for the Respondents: SMT.M.BHASKARA LAKSHMI (SC FOR APHC) The Court made the following : Form-NIC-OGS/WP{RLD} HONOURABLE SRI JUSTICE V.ESWARAIAH AND HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR W.PNo.4067 of 2009 ORDER: (Per Hon’ble Sri Justice V.Eswaraiah) Heard both the learned counsel appearing for the parties. 2. It is the case of the petitioner that he was appointed as Process Server in 1972, and in the year 1979, while he was working in Tenali, he appeared in A.P.P.S.C. Group-IV examination and passed the same. Thereafter, basing on that qualification, he was appointed as a Junior Assistant and as such, since 11-11-1981, he was working in the Judicial Department, Guntur, in the same cadre. It is stated that he has put an application for his promotion as Senior Assistant stating that he has passed the relevant departmental examination except passing Criminal Judicial test. In the year 2005, he was promoted as Senior Assistant by the District Judge, Guntur, with a condition that he should pass the relevant examination, within one year and accordingly, he was posted to Macherla Court. 3. It is further stated that in the examination conducted in January 2006, he could not attend the examination. Hence, he could not pass same. As he could not pass the examination, he was reverted from the Senior Assistant to the Junior Assistant on 01-06- 2006. Thereafter, he has passed the criminal judicial test and is eligible for promotion, but his case was not considered for promotion on the ground that he has not passed Intermediate. 4. It is further stated that at the time of his appointment to the post of the Junior Assistant, the qualification of the intermediate is not required and therefore, for the promotion from the post of Junior Assistant to Senior Assistant, the qualification of intermediate is not necessary. It is further stated that he has made representations before the learned District Judge and the High Court to consider his case for promotion from the Junior Assistant to Senior Assistant as he has passed all the departmental tests and that the qualification of Intermediate is not required for promotion. 5. The petitioner, therefore, seeks to issue a Writ of Mandamus declaring the action of the 1st respondent in not considering his case for promotion from the post of Junior Assistant to Senior Assistant as arbitrary and illegal and to direct the respondents to consider his case for the post of Senior Assistant as per the qualifications prescribed under the old A.P. Judicial Ministerial Service Rules, 1964 (for brevity ‘the Rules, 1964’). 6. The learned counsel, appearing for the petitioner, brought to our notice about the Judgment of a Division Bench of this Court in W.P.No.11450 of 2005, dated 17-10-2008, in the case of certain employees of the judicial department, who were working as a Junior Assistants, seeking promotion to the Senior Assistants. With similar grounds as raised by the petitioner, a Division Bench of this Court has disposed of the said writ petition holding that the Junior Assistants, appointed under the erstwhile Rules, 1964, are not required to acquire higher qualification of passing intermediate, which is the prescribed qualification for appointment of the Junior Assistant by the replaced Rules, 1964, vide G.O.Ms.No.129, Law (L.A. & J- Home-Courts-D), dated 12-11-2003. Following the aforesaid judgment, this Court also disposed of W.P.No.470 of 2009, dated 20- 01-2009, which relates to the case of promotion from Senior Assistant to Office Superintendent. 7. We are of the opinion that the judgment delivered by a Division Bench of this Court in W.P.No.11450 of 2005, squarely applies to this case also, and it is just and proper for the 2nd respondent-Registrar (Administration), High Court of Andhra Pradesh, Hyderabad, to communicate the said judgment, delivered in W.P.No.11450 of 2005, dated 17-10-2008, to all the Unit Heads so that each employee need not approach this Court under the extraordinary jurisdiction of Article 226 of the Constitution of India. 8. Accordingly, we dispose of the writ petition directing the respondents to consider the case of the petitioner in the light of the judgment rendered by this Court in W.P.No.11450 of 2005. There shall be no order as to costs. _________________________ JUSTICE V.ESWARAIAH _____________________________ JUSTICE VILAS V. AFZULPURKAR 2nd March, 2009 Kvr