IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 5116 of 2009 Between: A.Eswara Reddy S/o.Veera Reddy Sri Mahanandeeswara Swamy Devasthanam Mahanandi, Kurnool District ..... PETITIONER AND 1 The Mahanandeeswara Swamy Devasthanam, Mahanandi,Kurnool District, rep.by its Executive officer 2 The Commissioner of Endowments, Government of Andhra Pradesh, Dharmika Bhavan, Boggulakunta Tilak Road, Hyderabad .....RESPONDENTS 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 appropriate writ or order or direction preferably one in the nature of writ of mandamus declaring action of the Respondent No.1 in not treating passing the Account Test for Executive officer as equivalent to passing of Account Test for Subordinate officers Part-I in spite of clarification given by the Respondent No.2 as illegal, void and consequently direct the Respondent No.1 to promote the petitioner as Senior Assistant without insisting for passing of Account Test for Subordinate Offices Part-I from the date of eligibility of the petitioner with all consequential benefits. Counsel for the Petitioner:MR.N.GURU GOPAL Counsel for the Respondent No.: Sri VTM Prasad, Standing Counsel for Endowments Department The Court made the following : ORDER The petitioner was initially appointed as an Attender in Mahanandeeswara Swamy Devasthanam. He was promoted as a Record Assistant on 4.3.2006. He completed two years of service in the cadre of Junior Assistant by 3.3.2008 and eligible to be promoted as Senior Assistant. As per Annexure-III of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Office Orders and Servants Service Rules, 2000, one must pass the Accountant Test for Subordinate Officers Part-I and Endowments Department Test Part-I & II for getting promotion to the post of Senior Assistant. According to the petitioner, he passed the Endowments Department Test Part-I and II in the exam conducted by the APPSC on 11.6.1992 and the same has been entered in his Service Register. He also passed Accounts Test for Executive Officers in the exam held in May, 1996. It is the contention of the petitioner that passing of Accounts Test for Executive Officers is equivalent to passing of Accounts Test for Subordinate Officers Part-I & II and therefore, he became fully eligible to be promoted as Senior Assistant. Since the 1st respondent is not considering his case for promotion to the post of Senior Assistant, despite the instructions given by the 2nd respondent, he approached this Court invoking the jurisdiction under Article 226 of the Constitution of India with the following prayer: “For the reasons stated in the affidavit accompanying the petitioner herein prays that this Hon’ble Court may be pleased to issue appropriate writ or order or direction preferably one in the nature of Writ of Mandamus declaring action of the respondent No.1 in not treating passing the Account Test for Executive Officer as equivalent to passing of Account Test for Subordinate Officers Part-I, in spite of clarification given by the Respondent No.2 as illegal, void and consequently direct the respondent No.1 to promote the petitioner as Senior Assistant without insisting for passing of Account Test for Subordinate Officers Part-I from the date of eligibility of the petitioner with all consequential benefits and pass such other or further order or orders as deems fit and proper in the circumstances of the case.” When the writ petition came up for admission, Sri V.T.M. Prasad, learned Standing Counsel of Endowments Department takes notice on behalf of the respondents. Heard the learned counsel appearing for the parties. The factual aspect of the 2nd respondent issuing instructions to the 1st respondent to consider the case of the petitioner for promotion to the post of Senior Assistant since he passed the Accounts Test for Executive Officers, is not in dispute. For better appreciation, I may refer the text of the letter dated 17.12.2008 vide Rc.No.B1/46353/2008, dated 17.12.2008, which reads as hereunder: “In the circumstances reported by the Executive Officer, Sri Brahmaramba Mallikarjuna Swamy Devasthanam, Srisailam, Kurnool District in his report dated 1.10.2008 in the reference cited, the Executive Officer, Sri Brahmaramba Mallikarjuna Swamy Devasthanam, Srisailam, Kurnool District is hereby permitted to effect promotion to the eligible Junior Assistants to the cadre of Senior Assistants in the existing vacancies as per approved cadre strength, taking into consideration of the pass in Account Test for Executive Officers as pass in Accounts Test for Subordinate Officers Part-I in respect of Sri C.Madhusudhan Reddy and Sri G.Ravi, Junior Assistants. The Executive Officer, Sri Brahmaramba Mallikarjuna Swamy Devasthanam, Srisailam, Kurnool District is further directed to follow the rules regarding reservation of “SC” quota earmarked for promotion and also verify the bonafides of the pass in Account Test for Subordinate Officers Part-I in respect of Sri G.Swamulu, Smt T.Himabindu and Smt K.Girijamani, Junior Assistants while effecting the promotions.” Since the 2nd respondent already issued instructions to the 1st respondent to consider the case of the petitioner for promotion to the post of Senior Assistant, there cannot be any impediment to the 1st respondent to promote the petitioner to the post of Senior Assistant, if he is otherwise eligible. Accordingly, the writ petition is disposed of directing the 1st respondent to consider the case of the petitioner for being promoted to the post of Senior Assistant, if he is otherwise eligible, within a period of four weeks from the date of receipt of a copy of this order. No costs. _________ 18-03-2009 rkk