THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.14064 OF 2005 O R D E R Heard both the counsel. 2. The petitioner was appointed as clerk on NMR basis on 1.4.1986 on a monthly consolidated pay of Rs.200/- in Sri Keswavaswamy Varu, Sri Baneswara Swamy Varu and Sri Sarvamangala Rameswara Swamy varu, group of temples. He possessed S.S.C. qualification. Thereafter, as he was working as clerk in the said group of temples, the Assistant Commissioner of Endowments, Rajahmundry by his order in D.Dis.No.A2/4324/91 Admn., 18.5.1991 fixed the scale of the petitioner in Junior Assistant at Rs.425-10- 455-15-650 with 30 per cent D.A., H.R. as per rules. While so, the office of the Commissioner, Endowments Department issued circular in R.C.NoJ1/12961/91 dated 4.1.1999 adapting the 1993 pay sales to the employees of the Endowments Department and accordingly the Executive Officer, recommended the name of the petitioner. While fixing the scales, the Assistant Commissioner of Endowments, Rajahmundry, by the impugned proceedings in D.Dis.No.A2/9200/00 dated 30.7.1999 permitted the Executive Officer to extend the PRC to the petitioner in the cadre of Record Assistant at Rs.1535/- on the ground that he does not possess the requisite qualification. The grievance of the petitioner is that the impugned order is contrary to G.O.Ms.No.1478 dated 17.11.1986. Hence, the writ petition. 3. The impleaded 5th respondent, who is the Executive Officer of the Group of Temples of I.Polavaram, I.Plvaram Mandal, East Godavari District filed counter affidavit and while referring the averments made in the writ petition stated inter alia that he recommended to the Assistant Commissioner that the petitioner was working since 1986 and that he is eligible as per the order of the Commissioner dated 4.1.1999 to be promoted as Junior assistant and he is entitled for 1993 PRC sales. He also stated that on 5.1.2004, he sent the application to the Regional Joint Commissioner, Kakinada to re- consider the grievance of the petitioner and the said application of the petitioner might be pending. He further stated that the petitioner’s case was not considered in proper way by the higher authorities. 4. The undisputed facts are that the petitioner possessed the qualification of SSC. He was appointed on NMR basis on 1.4.1986 in the said group of temples under the control of the respondents and subsequently by the orders of the Assistant Commissioner of Endowments, Rajahmundry dated 18.5.1991 his scale was fixed in the cadre of Junior Assistant. Now the grievance of the petitioner is that while adapting the 1993 pay sales, the 3rd respondent fixed his scale in the cadre of Record Assistant instead of Junior Assistant on the ground that he do not possess the requisite qualification of intermediate. 5. The petitioner is appointed on NMR basis in the year 1986 and he was appointed as Junior Assistant and his scale was fixed by the Assistant Commissioner in the said cadre by order dated 18.5.1991. G.O.No.1478 dated 17.11.1986 was in force at the relevant point of time and the rules are made under the said G.O. Rule 21 of the Rules made under Section 107 read with sub-section (5) of Section 31 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966, annexed to the said GO., deals with qualifications for Clerical Post. The said rule is extracted as under for better appreciation: “No person shall be appointed to any clerical post unless he has passed the tenth class or its equivalent examination.” 6. As the petitioner as appointed in the year 1986, the G.O.Ms.No.478 Revenue (Endowments VI)Department dated 17.11.1986, which was prevailing at the relevant point of time, has to be applied to the petitioner and as per the Rule 21 of the Rules made under the said G.O., which is extracted above, the petitioner who is possessing SSC is eligible to be considered for appointment to the post of Junior Assissant and accordingly while adapting the 1993 scales to the Endowments Department employees, the respondents ought to have fixed the scale of the petitioner in the Junior Assistant instead of Record Assistant. The counter filed by the 5th respondent also supports the case of the petitioner. 7. The petitioner also placed before this court the copy of the letter dated 9.12.2004 submitted by the 5th respondent to the 2nd respondent – Deputy Commissioner bringing to his notice about the eligibility of the petitioner to be appointed as Junior Assistant and fixing of his scale and also bringing to his notice that the petitioner has completed eighteen years of service. In the said letter it is also stated that the Junior Assistants who are recruited since 1997, are required to possess qualification of intermediate and prior to that as per G.O.Ms.No.1478, the qualification required for appointment to the post of Junior Assistant is only SSC. 8. In view of the above, the impugned order is set aside and consequently the respondent no.2 is directed to consider the case of the petitioner for promotion to the post of Junior Assistant from Record Assistant and fix the scale and cadre accordingly, in the light of the letter dated 9.12.2004 submitted by the 5th respondent – Executive Officer, and pass appropriate orders in accordance with law, within a period of two months from the date of receipt of a copy of this order. 9. The writ petition is accordingly allowed. No costs. AVS ------------------------------ 30—03—2010