THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.1675 of 2005 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the proceedings dated 19.5.2004 issued by first respondent insofar as appointment of third respondent as Junior Assistant as arbitrary, illegal, unconstitutional and against the Service Rules governed by the Respondent-Devasthanam. It is the case of the petitioner that he was initially appointed as Attender in the service of Sri Lakshmi Narasimha Swamy Vari Devasthanam, Yadagirigutta, Nalgonda district and subsequently he was promoted as Record Assistant. According to the petitioner, he was put in 22 years of service and he is the senior most in the cadre of Record Assistants in the Devasthanam and he is fully qualified and eligible for being promoted to the post of Junior Assistant. However, to his utter surprise, the third respondent was promoted as Junior Assistant, who was working as Attender in the Respondent- Devasthanam. According to the petitioner, the feeder post for promotion to the post of Junior Assistant is Record Assistant and the third respondent who was working as Attender cannot be promoted directly as Junior Assistant. Therefore, the action of the first respondent in issuing proceedings dated 19.5.2004 appointing third respondent as Junior Assistant is arbitrary and illegal. Heard both sides and perused the material made available on record. It appears, the third respondent was initially appointed as Attender on compassionate grounds in view of death of his father. Since there was no post of Junior Assistant was available, petitioner was initially appointed as Attender. However, in view of the circumstances reported by the second respondent and in view of Three Men Committee Report, a supernumerary post of Junior Assistant was created in the Devasthanam and permission was accorded to the second respondent to promote the third respondent as Junior Assistant. The second respondent was further informed that the supernumerary post will cease whenever there is a regular vacancy arose in the establishment. The whole case seems to be that the third respondent was initially appointed as Attender on compassionate grounds and in view of creation of supernumerary post of Junior Assistant, he was promoted to the said post. Though, at the outset it looks as if the third respondent is junior in the cadre of Attender and also in the cadre of Junior Assistant, if promoted, but that itself does not take away his right for claiming higher post on compassionate grounds. Under those circumstances, I am of the opinion that the petitioner has no right whatsoever for being promoted to the post of Junior Assistant, which is a supernumerary post created to accommodate the third respondent. The petitioner also did not reveal what exactly the qualification he possess. For the foregoing reasons, the writ petition is devoid of merits and liable to be dismissed and accordingly dismissed. However, this will not preclude the respondents 1 and 2 from considering the case of petitioner for promotion to the post of Junior Assistant as and when cadre vacancy arose. There shall be no order as to costs. ______________ C.V.RAMULU, J Date: 1.4.2010 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.1675 of 2005 1.4.2010 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.1675 of 2005 Date: 1st April, 2010 Between: P.Krishnaiah .. Petitioner And The Assistant Commissioner, Endowments Department, Boggulkunta, Hyderabad and others. .. Respondents