THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.7322 of 2004 Dated:28.01.2011 Between: M.V.Ravi Kumar …. Petitioner AND The Government of Andhra Pradesh, represented by the Commissioner of Endowments, A.P., Hyderabad, Tilak Road, Nampally, Hyderabad and two others …..Respondents THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.7322 of 2004 ORDER: This writ petition is filed by the petitioner seeking to issue a Writ of Mandamus declaring the action of the Commissioner, Endowments Department, Andhra Pradesh, Hyderabad, in issuing the proceedings in D.Dis.No.D1/9715/2004, dated 08.03.2004, rejecting the request of the petitioner to promote him as Senior Assistant basing on the resolution of the Three-Man Committee as unjust, void and bad in law and consequently, direct the respondents to promote the petitioner as Senior Assistant by fixing a time limit for passing the Accounts Test. The case of the petitioner is that he was appointed as Junior Assistant in Sri Venkateswara Swamy Temple, Vaikuntapuram, Amaravathi Mandal, Guntur District, in the year 1992 by virtue of the orders of the 1st respondent-Commissioner of Endowments, A.P., Hyderabad, in D.Dis.No.C1/65304/91 and joined duty on 27.03.1992. He served in several temples on transfer and he was working as Junior Assistant in Kaza Group of Temples, Kaza, Guntur District. He passed Intermediate examination and also passed the Endowments Department Test Part 1 and 2. No provisional seniority list has been prepared for the temple employees-Junior Assistants and calling for objections. He submitted a representation before the Commissioner of Endowments. Basing on which, vide proceedings in R.C.No.G2/18087/2003 dated 22.04.2003 the Commissioner of Endowments requested the Deputy Commissioner, Endowments, Guntur, to submit his remarks on the representation and further requested to report whether any junior of the petitioner was authorized to act as person-in-management and also explain why the petitioner should not be considered for the post of person-in-management. Pursuant to the same, the Assistant Commissioner, Endowments in R.C.No. A4/4489/2003 dated 10.05.2003 addressed a letter to the Commissioner of Endowments stating that the seniority list will be prepared shortly duly calling for objections and suggestions from the temple employees. The petitioner filed W.P.No.1543 of 2002 before this Court to declare the action of the Assistant Commissioner, Endowments, Guntur, in issuing the seniority list of Junior Assistants working in the temples of Guntur District without calling for objections and without issuing the provisional seniority list as void and to direct the Assistant Commissioner, Endowments, Guntur, to adhere the objections and revise the seniority list of the Junior Assistants and further direct the Commissioner of Endowments to give person-in-management post to the petitioner basing on the revised seniority list. This Court by order dated 03.09.2003 disposed of the said writ petition directing the Assistant Commissioner, Endowment to prepare a provisional seniority list and call for the objections, consider the same and then prepare the final seniority list and take appropriate action in accordance with law, as expeditiously as possible at any rate not less than two months from the date of receipt of that order. Pursuant to the above said directions, the Assistant Commissioner, Endowments, Guntur, in R.C.No.4489 of 2003 dated 30.12.2003 prepared the seniority list of temple employees, (Superintendents, Senior Assistants, Junior Assistants of temple establishment) taking the date of joining in service into consideration. The employees were directed to submit their objections if any, on or before 15.01.2004 on the said provisional seniority list. The petitioner submitted his objections in detail on 12.01.2004. The Executive Officer, Group of Temples, Kaza, in his letter dated 16.06.2003 informed the Assistant Commissioner, Endowments, that the petitioner passed the Endowments Department Test Part 1 and 2 including intermediate and that even if the existing post of Junior Assistant is upgraded as Senior Assistant he will be benefited only one increment and therefore, there would not be much financial burden to the Group Temples. On the said letter, the Assistant Commissioner also in turn vide his letter dated 30th July, 2003 sent his representation to the Commissioner, Endowments Department, Hyderabad, for consideration. The Commissioner, Endowments Department, in his letter dated 09.10.2003 asked the Assistant Commissioner, Endowments, Guntur, to send the particulars namely (1) whether the Kaza group temples are published under Section 6 (b) & 6 (c ) of the Act, (2) Cadre Strength particulars of both the institutions with percentage of expenditure of establishment and (3) Are there any precedents in the same category of institutions/temples wherein persons have been promoted subject to passing of tests with certain time duration. The Commissioner of Endowments in his letter in D. Dis.No.D1/9715/2004 dated 8-3-2004 intimated that “As provided by the Three-Man Committee in its meeting held on 27.01.2004 and as reported by the Regional Joint Commissioner, Endowments Department, MZ.II, Thirupathi, in the reference 4th cited the matter has been examined with reference to the rules in force and the request of Sri M.V.Ravi Kumar (petitioner herein), Junior Assistant to promote him to the cadre of Senior Assistant is hereby rejected as he is not qualified to hold the post of Senior Assistant. The applicant Sri M.V. Ravi Kumar, Junior Assistant is instructed to acquire requisite qualification to hold the post of Senior Assistant in the first instance. Aggrieved by the said proceedings, the present writ petition has been filed. The contention of the petitioner is that the impugned proceedings is unjust and against the principles of natural justice. It is also contended that the first respondent-Commissioner of Endowments did not act independently but only acted on the resolution passed by the Three-Man Committee. Along with the writ petition, the petitioner also filed W.P.M.P.No.9546 of 2004 seeking direction to the respondents to promote the petitioner as Senior Assistant without insisting on passing of Accounts Test and by fixing a time limit to pass such test. Pending disposal of the writ petition, this Court by an order, dated 21.04.2004, granted interim direction as under:- “There shall be interim direction to the respondents to consider the case of the petitioner for promotion as Senior Assistant as per rules and regulations and seniority.” No counter-affidavit has been filed by the respondents. The case of the petitioner is that he is working as Junior Assistant and is entitled for promotion to the post of Senior Assistant as he has passed necessary tests required to the post of Senior Assistant. It is also his case that he submitted a representation to the authorities concerned for considering his case for promotion. When such a representation is made, the Commissioner of Endowments-1st respondent herein, issued the impugned proceedings rejecting the case of the petitioner on the ground that it has been resolved by the Three-Man Committee in its meeting held on 27.01.2004 and as reported by the Regional Joint Commissioner, Endowments Department, MZ-II, Tirupati in the reference 4th cited the matter has been resolved with reference to the rules in force and the request of the petitioner to promote him to the cadre of Senior Assistant is rejected as he is not qualified to hold the post of Senior Assistant. The Three-man Committee has also observed as under: - “The applicant Sri M.V. Ravi Kumar, Junior Assistant, Kaza Group Temples, Kaza is instructed to acquire requisite qualifications to hold the post of Senior Assistant in the first instance” The case of the petitioner is that he has acquired the requisite qualifications to hold the post of Senior Assistant and the impugned order has been passed based on the resolution passed by the Three- Man Committee in its meeting held on 27.01.2004, which was reported by the Regional Joint Commissioner, Endowments Department, MZ-II, Thirupathi in his proceedings R.C.No.G/145/2004, dated 27.01.2004. The said proceedings were not placed before this Court for the reasons best known to the petitioner. The impugned order does not disclose what are the requisite qualifications for the purpose of promotion to the post of Senior Assistant and it appears that the order passed by the authority i.e., the Commissioner of Endowments, A.P., Hyderabad, is only based on a resolution seems to have been made by the Three-Man Committee. The said resolution is also not made part of the record before this Court. In the absence of the necessary information made available to this Court, it is not possible to adjudicate the matter on merits, but on the face of it, it appears that the Commissioner of Endowments, A.P., Hyderabad passed the orders, dated 08.03.2004, which is impugned in this writ petition, without application of mind. Since the proceedings has been issued only based on the resolution stated to have been passed by the Three-Man Committee in its meeting dated 27.01.2004, the impugned order is liable to be set aside. However, since this Court already granted interim direction on 27-01-2004 directing the respondents to consider the case of the petitioner for promotion as Senior Assistant as per rules and regulations and the seniority list, the Writ Petition is disposed of as under:- The respondents are directed to consider the case of the petitioner for promotion as Senior Assistant as per the Rules and Regulations and Seniority and pass appropriate orders afresh, within a period of two months from the date of receipt of a copy of this order. No costs. _______________ G. CHANDRAIAH, J 28th January 2011 bud