IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 8288 of 1999 Between: Sri P.Chinna Venkataiah, S/o. Penumaiah, Sri Yellamma Pochamma Devasthanam, R/o. Shamlal Buildings, Bhagat Singh Nagar, Begumpet, Hyderabad. ..... PETITIONER AND 1 Assistant Commissioner & Executive Officer, Sri Yellamma Pochamma Devalayam, Balkampet, Hyderabad-38 2 Commissioner, Hindu Religious and Charitable, Endowments, Ramkote, 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 a Writ, order or direction more particularly one in the Nature of Writ of Mandamus or any other appropriate writ declaring the action of the 1st Respondent in passing the order Lr.No.46/SYPD/98, dt.30.3.99 reverting the petitioner from the post of Attender to that of Sweeper is illegal, arbitrary, against the rules, contrary to the law and violative of Art.14 of the Constitution of India, consequently directing the Respondents 1 and 2 to continue him in the post of Attender and pass such other order or orders that are deemed fit and necessary in the interest of justice.. Counsel for the Petitioner:MR.K.K.CHAKRAVARTHY Counsel for the Respondent No.: Mr.Ch.Satish Kumar. The Court made the following : O R D E R: The present Writ Petition is filed challenging the action of the ﬁrst Respondent in passing the Order in Lr.No.46/SYPD/98, dated 30.03.1999 reverting the Petitioner from the post of Attender to that of Sweeper. The ground on which the said Order was passed is that the Petitioner did not possess the requisite qualiﬁcation of a pass in 7th Class to hold the post of Attender. From a reading of the impugned Order, it is clear that the Petitioner was issued a show cause notice in this regard under R.C.No.D2/57768/98, dated 18.11.1998 and after duly considering his explanation, it was held that he is not entitled to continue in the post of Attender as he did not possess the requisite educational qualiﬁcation and he was accordingly reverted to the post of Sweeper with eﬀect from the date of the impugned Order. It is now submitted before this Court that the Petitioner made a representation on 31.10.2007 to the ﬁrst Respondent stating to the eﬀect that he had studied S.S.C. privately and appeared for the S.S.C. examination in March 2007. The learned counsel for the petitioner also stated that the Petitioner had failed in the said examination, but requested that the ﬁrst Respondent should consider the case taking into account the alleged fact of his having studied upto S.S.C. and give him promotion to the post of Attender. It is submitted before this Court that no orders have been passed on the said representation. I deem it suﬃcient to dispose of the present Writ Petition with a direction to the ﬁrst Respondent to pass appropriate orders on the representation, dated 31.10.2007 made by the Petitioner within a period of four weeks from the date of receipt of this order. The learned counsel for the petitioner is agreeable to this course of action. The Writ Petition is accordingly disposed of with the above direction, but in the circumstances no order as to costs. ____________________ P.V.SANJAY KUMAR J., Dt.14.08.2008 tjs ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. Assistant Commissioner & Executive Officer, Sri Yellamma Pochamma Devalayam, Balkampet, Hyderabad-38 2 Commissioner, Hindu Religious and Charitable, Endowments, Ramkote, Hyderabad. 3 2CCs 4. 2CD copies