IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 4454 of 2008 Between: Uppala Shashidhar S/o.Sri U.Anjaiah Sri Hanuman Temple, Karmanghat, R.R. District. ..... PETITIONER AND 1 The Deputy Commissioner of Endowments, Tilak Road, Boggulakunta, Hyderabad. 2 Sri Hanuman Temple, Karmanghat, Hyderabad, R.R. District. rep. by its Executive Officer. 3 Sri Anjaneya Swamy Devasthanam, Viveknagar, Chikkadpally, Hyderabad, rep. by its Manager. 4 The Regional Joint Commissioner of Endowments, Multi Zone- III, Boggulakunta, Tilak Road, Hyderabad. 5 The Commissioner of Endowments, Government of A.P. Tilak Road, Boggulakunta, 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 any order or writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in demanding the Petitioner to pass requisite tests, without framing any Rules, prescribing the Tests to be passed for promoting to the post of Senior Assistant in so far as the Temple Employees (other than 8 Temples) as bad, illegal, void, without jurisdiction, besides unreasonable and consequently direct the respondents not to insist the petitioner to pass any Tests until unless, statutory rules are framed prescribing the requisite tests for promoting as a Senior Assistant and pass such other or further order or orders. Counsel for the Petitioner:MR.N.GURU GOPAL Counsel for Respondent Nos. 1 4 & 5: G.P.for Endowments. Counsel for the Respondent Nos.2&3: CH.SATISH KUMAR,SC FOR ENDOWNMENTS,TELANGA The Court made the following : ORDER: The petitioner was initially appointed as Junior Assistant in the year 1990 in Sri Hanuman Temple at Karmangat. He was transferred to different temples, subsequently. When he was functioning as Junior Assistant in Sri Anjaneya Swamy Temple, Vivek Nagar, Chikkadpally, Hyderabad, he made a request for promotion to the post of Senior Assistant. The third respondent- Manager of the temple forwarded the proposal through proceedings, dated 16.12.2004. Thereafter, the matter was referred to 3 men committee. On the basis of a resolution, dated 11.01.2005, of the Committee, the Regional Joint Commissioner, Multi Zone.III, accorded permission to the third respondent to promote the petitioner to the cadre of Senior Assistant, with the pay scale of Rs.4190/- to 8550/-, by upgrading the post, subject to the condition that the petitioner must pass the requisite tests, within two years. A condition was incorporated to the effect that in case the petitioner fails to pass the tests within 2 years, he shall be liable to be reverted, without notice. Consequential order of promotion, with the same condition, was issued on 10.02.2005, by the third respondent. The Deputy Commissioner, Endowments, Hyderabad, the first respondent herein, issued a show cause notice, dated 11.02.2008, to the petitioner, requiring him to state whether he passed the tests mentioned in the order of promotion and if so, the particulars thereof. The petitioner submitted his reply, dated 18.02.2008. In this, he challenged the very authority of the first respondent, to issue the show cause notice, apart from stating that he is not under obligation to pass tests, under any service rules. The petitioner has also asked the first respondent to specify his authority, as well as the provision, under which the tests are required to be passed. Them matter is pending consideration. The petitioner approached this Court with a prayer to issue a writ of mandamus declaring the action of the respondents in requiring him to pass the tests, which were meant for Senior Assistants in eight specified temples, as illegal, arbitrary and without jurisdiction. Sri Guru Gopal, learned counsel for the petitioner submits that the Government issued orders in G.O.Ms.No.888, Revenue (Endowments.I) Department, dated 08.12.2000, stipulating the various conditions in relation to the employees working in different temples, and that no tests are stipulated for promotion of a Junior Assistant to Senior Assistant, except for those who are working in eight temples mentioned in the G.O. He contends that the special provisions, which stipulate the relevant rests, are for the employees, working in eight temples and they are not applicable to the case of the petitioner. Learned Government Pleader for respondents 1, 4 and 5 submits that the petitioner came to be promoted under special circumstances, by upgrading the post of Junior Assistant, and when a specific condition is incorporated to the effect that he must pass the requisite tests, he was under obligation to pass the same. He contends that having availed the benefit of promotion, the petitioner cannot ignore the condition and plead hyper technicalities, after the stipulated time is over. Learned standing counsel for respondents 2 and 3 had argued almost on the same lines. The petitioner was initially employed in the second respondent temple, and by the year 2005, he was working as Junior Assistant in the third respondent temple. On a representation made by him for promotion to the post of Senior Assistant, the matter was examined by various authorities, and in particular, the Regional Joint Commissioner, Multi Zone-III. It needs to be observed that, in the third respondent temple, there is no post of Senior Assistant and it was created personally for the petitioner, by upgrading the post of Junior Assistant, held by him. In the proceedings, dated 07.02.2005, the Regional Joint Commissioner accorded permission in the following terms: “In view of the circumstances reported by the Manager of subject temple and the resolution of the 3 men committee dt.11.01.2005, the post of Junior Assistant held by Sri U. Shashidhar is hereby upgraded to that of Sr. Asst. cadre and the Manager of subject temple is permitted to promote Sri U. Shashidhar, Jr. Asst. to the cadre of Sr.Asst. in the upgraded post in the time scale of 4190/- to 8550/- subject to condition that he should pass the requisite tests within two years, failing which he will be reverted back without any notice”. This was translated into action by the third respondent, by issuing proceedings, dated 10.02.2005, which reads as under: “In pursuance of the orders issued by the Regional Joint Commissioner, Endowments Department, M.Z.III Hyderabad in the reference cited, Sri U. Shashidhar, Jr.Asst., is hereby promoted to the cadre of Senior Assistant while upgrading the post of Jr.Asst. in the time scale of Rs.4190-120-4550-150-5300-170-6150-200-7150-250-8400- 300-8700 subject to condition that, he should pass the requisite tests within 2 years from the date of these orders. From this, it is clear that the extension of benefit of promotion to the petitioner, upgrading the post held by him, was subject to the condition that he shall pass the requisite tests, within two years. If the petitioner was of the view that, he cannot be required to pass any tests, he should not have accepted the promotion unless the condition was deleted or should have at least recorded protest. Further, if the petitioner entertained any doubt as to the tests, which he was to pass, necessary clarifications ought to have been sought either from the third respondent or from the authority, which stipulated the conditions. He did neither. After expiry of three years, the first respondent issued show cause notice, dated 11.02.2008, requiring the petitioner to state whether he complied with the conditions. The reply given by the petitioner is somewhat typical. The petitioner, has, virtually challenged the jurisdiction of the first respondent. At the same time, he required him to indicate the provisions of law, which stipulate the tests. If the petitioner was so confident of his eligibility to be promoted without passing any tests, he should have come forward with such a plea before accepting the out of turn, and extraordinary promotion. Assuming that the service rules applicable to the temple do not stipulate the tests to be passed by Junior Assistants, for being promoted to the post of Senior Assistant, it needs to be noted that the promotion of the petitioner as Senior Assistant was not in a regular channel. When special post was created for him, it was always open to the respondents to stipulate the conditions therefor. Petitioner cannot have the benefit of promotion, but refuse to abide by the conditions stipulated therein. This Court would certainly have examined the feasibility of the request of the petitioner, had he approached it before he received the order of promotion or immediately after receiving the same. The petitioner failed to comply with the condition stipulated in the order through which he got the benefit. This Court is not inclined to accede the request of the petitioner, and the petition is dismissed. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY, J Dated:03.03.2008 Note: CC by two days. (Bo) sj ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to the Government Pleader for Endowments, High Court BuildiNgs, Hyderabad (OUT) 2.2CD copies.