IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD FRIDAY THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO. 33249 OF 2011 Between: GV Krishna Rao … Petitioner V/s. The Secretary & Correspondent Hindi Mahavidhyalaya Nallakunta, Hyderabad & Ors. … Respondents Counsel for the Petitioner : Sri Mohd.Ghulam Rasool Counsel for the Respondents : GP for Education The Court made the following : (Order follows next page) THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO. 33249 OF 2011 O R D E R : This writ petition is filed by the petitioner seeking for issuance of writ of mandamus, declaring the inaction of the respondents in not promoting the petitioner from watchman to Junior Assistant in the existing vacancies as illegal, arbitrary and consequently to direct the respondents to consider the representation dated 16-9-2010 and promote the petitioner from Watchman to Junior Assistant in the existing vacancies and to pass such other suitable orders as this court may deem fit and proper in the circumstances of the case. 2. The case of the petitioner is that he has been appointed as Watchmen on the basis of interview conducted on 19-12-2001 by the selection committee and on the basis of selection, the first respondent issued proceedings No. 898/02, dated 08-2-2002. Thereafter, the third respondent approved the services of the petitioner vide Proceedings RC.No. 14/Admn.V-1/2002, dated 19-2-2002 and since then he is discharging the duties of watchmen. It is stated that the third respondent issued Proceedings RC.No.272/Admn.V-1/2009, dated 07-4-2009 requesting the correspondents of all the aided colleges to furnish the information in proforma appended to the proceedings for the promotions which took place from 27-03-2003 onwards after the issuance of GO.Ms.No. 35 HE (CE-II) Department, dated 27-3-2006. It is further stated that the petitioner has been discharging the duties as a watchmen without promotion to the higher scale of pay as Junior Assistant in the existing vacancies as per GO.Ms.No. 96, Finance (Pay Commission-II) Department, dated 20-5-2011. The said GO issued based on the Joint Committee of Employees, Workers and Teachers, Andhra Pradesh represented for change of periodicity of the scheme as 16/12/18/24 years of service from the existing provision 8/16/24 years under automatic advancement scheme based on the agreement reached between the Joint Action Committee of the Employees in the said G.O. have agreed for the change of periodicity from the existing 8/16/24 to 6/12/18/24 years for advancements under the automatic advancement scheme. The said G.O. is applicable to the Government Employees, Teaching and Non-Teaching Staff of Local Bodies and Aided Institutions also drawing state pay scales and drawing the pay scales and drawing pay in Grade-I to XXV in the Revised Scales, 2010 i.e., upto 25,600-50,560. 3. The learned counsel for the petitioner submits that from the date of appointment the petitioner is working as Watchmen and the petitioner has acquired the requisite qualification for promotion to the post of Junior Assistant and that he made a representation to the first respondent and the same has not been considered. 4. Though the Commissioner and Directorate of Collegiate Education has been made as respondent but the petitioner has not taken any steps to bring it to the notice of the third respondent about staking his claim to the post of Junior Assistant. The petitioner has made a representation to the Correspondent only. Therefore, unless and until the competent authority considers the case of the petitioner, it is not proper for the petitioner to approach this Court. In that view of the matter, this writ petition is disposed of granting liberty to the petitioner to make appropriate representation/appeal to the competent authority under the provisions of the Act applies to him within a period of two weeks from the date of receipt of a copy of this order. In the event of petitioner filing such representation/appeal to the Commissioner and Directorate of Collegiate Education, A.P., Hyderabad, thereafter the third respondent-Commissioner and Directorate of Collegiate Education, AP Hyderabad is directed to consider and dispose of the same and pass appropriate orders on merits and in accordance with law, preferably within a period of six weeks from the date of receipt of such representation/appeal to be filed by the petitioner. 5. With the above direction, the writ petition is disposed of at the stage of admission. No costs. _______________________ JUSTICE G. CHANDRAIAH. 16-12-2011 I s L THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO. 33249 OF 2011 Circulation No. 232 Date:16-12-2011 Court Master: I s L Computer No. 43