Andhra Pradesh High Court - Amravati
G. Mallikharjuna Rao vs The State Of Andhra Pradesh, on 3 August, 2022
HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION Nos.22610 and 22119 of 2021
COMMON ORDER :
As the issue involved in both the writ petitions is one and the same, these matters are taken up together for disposal by this Common Order.
2. The facts in these two writ petitions are similar and identical, therefore W.P.No.22610 of 2021 is taken as lead case and the facts therein are referred to for convenience:
The petitioner is working as Statistical Assistant at Zone- II at Kakinada, East Godavari District. The respondents issued G.O.Ms.No.38, School Education (Prog.III) Department, dated 04.06.2019 notifying the posts for Assistant Project Officer, Statistical Assistant and Supervisors in the Department. The petitioner is concerned with the promotion for the post of Assistant Project Officer. As per Clause-I of the note under the caption "Method of Appointment", there are 10 vacancies of Assistant Project Officers post in entire Andhra Pradesh and the said post will be filled in Zonal wise cadre. It is further stated that the petitioner herein falls within the guidelines framed by the Department and is eligible for promotion as Assistant Project Officers in Zone-II. The respondents did not follow the procedure in fixing the seniority list for the promotion of Assistant Project Officer and started granting promotions as per their wish. It is also stated that the petitioner is eligible for the post of Assistant Project Officer 2 basing on the seniority list fixed by the Department. However, ignoring the procedure, the respondents are now contemplating to issue promotions to the Supervisors ahead of the Statistical Assistants.
It is further stated that the 2nd respondent already appointed the Supervisors ahead of Statistical Assistants without fixing the seniority list in Zone-IV. It is also stated that the petitioner has made several representations on 09.06.2020, 05.06.2021 and 16.06.2021 for preparing the seniority list by including the petitioner. Thereafter, the 3rd respondent addressed a letter to the Director on 26.06.2021 stating that consider the representations submitted by the petitioner. In spite of the letter by the 3rd respondent, the 2nd respondent without fixing the seniority list proceeding further for promoting the Supervisors as Assistant Project Officers, ignoring the petitioner herein which is contrary to law, illegal and arbitrary. Hence, the present writ petition.
3. Counter affidavit is filed in W.P.No.22119 of 2021 by the respondent No.2 adopted by the respondents No.1 and 3. The respondents while denying all the allegations made in the petition contended that the 1st respondent issued G.O.Ms.No.38, dated 04.06.2019 School Education (Prog.III) Department regarding service rules of Andhra Pradesh Adult Education Subordinate Service Rules relating to the post of Assistant Project officers/ Statistical Assistants/Supervisors. The petitioners are Statistical Assistants who are working in 3 Guntur, Prakasam and SPSR Nellore Districts, in Zone-III from 30.05.2019. As per G.O.Ms.No.38 stating the service rules on appointing authority, method of appointment, qualifications, rule of reservations, unit of appointment, age, minimum service, probation, transfer and postings etc. It is further stated that in every unit of (10) vacancies of Assistant Project Officer posts, 1st post shall be filled with Statistical Assistants, 2nd to 7th posts shall be filled with Supervisors by promotion and remaining 3 post shall be filled by direct recruitment in a cycle of 10 vacancies. It is further stated that due to shortage of staff in the office of the 2nd respondent the seniority list of the Statistical Assistants are not prepared by 01.09.2021 panel year. As per order dated 29.09.2021 passed in WP No.22119 of 2021, this Court passed the interim order as under:
"........It is made clear that if any attempt is made to effect the promotions, it will be subject to the orders of this writ petition."
As per the above order of this Court, the 2nd respondent maintained status quo till to date and prior to G.O.Ms.No.38 dated 4.6.2019 the seniority list of Supervisors is communicated during the year 2018. As per seniority list of 2018, the 2nd respondent has been issued orders for one promotion on 01.10.2021 in Zone-III vide Proc.Rc.No.419/A1/DAE/2015, dated 01.10.2021 from eligible supervisor working in Zone-III. Hence, prayed to vacate the 4 order passed on 29.09.2021 in W.P.No.22119 of 2021 by dismissing as devoid of merits.
4. Heard learned counsel appearing for the petitioners and learned Government Pleader for Services-III appearing for the respondents.
5. Learned counsel for the petitioners argued that as the petitioners fall within the guidelines framed by the Department and are eligible for promotion as Assistant Project Officer in Zone-II, the respondents did not follow the procedure in fixing the seniority list for the promotion of Assistant Project Officer and started granting promotions as per their wish. He submitted that by virtue the inaction of the respondents, the petitioners will be losing their seniority. Even though the petitioners made several representations dated 09.06.2020, 05.06.2021 and 14.06.2021, the respondents have not taken any action in this regard. Therefore, he requests this Court to pass appropriate orders.
6. On the other hand, learned Government Pleader argued that the 2nd respondent vide Proc.Rc.No.534/A1/DAE/2020, dated 25.10.2021 has communicated the zone wise Tentative seniority list of Statistical Assistants to the individuals through proper channel i.e., concerned Deputy Directors of Audit Education in the Districts and requested them to submit their objections if any, on their seniority list by 10.11.2021 through proper channel. He further argued that the respondents never deviate 5 the procedure in fixing of seniority list for the promotion of Assistant Project Officers.
7. On hearing, this Court observed that, as per G.O.Ms.No.38, School Education (Prog.III) Department, dated 04.06.2019 at Sl.No.4 table, in Method of appointment, it is mentioned, as under:
Category Method of appointment
(1) (2)
1. Assistant i. By promotion from the Statistical
Project Officer Assistant and Supervisor
working in the Adult
Education Department
Or
ii. Deputation on tenure basis from
among the officers working in
identical categories of post in
the Department of
School/Higher Education
Department, if qualified
candidates are not available in
the Adult Education
Department.
Or
iii. Direct recruitment
8. On a perusal of the above G.O., the petitioners herein are working as Statistical Assistants at various places in Zone- III. As per Clause-1 of the note under the caption above cited "Method of Appointment" there are 10 vacancies of Assistant Project Officers posts in entire Andhra Pradesh and the said 6 posts will be filled in Zone wise cadre. Out of the 10 vacancies in every Zone the first post shall be filled with Statistical Assistants and from 2 to 7 posts shall be filled with Supervisors by promotion and the remaining 3 posts shall be filled by direct recruitment in the cycle of 10 vacancies.
9. Having regard to the facts and circumstances of the case and in view of the foregoing reasons and as per G.O.Ms.No.38, dated 04.06.2019, in the interest of justice, this Court deems fit to allow these writ petitions with the following directions :
i) the respondents are directed to consider the representations of the petitioners dated 09.06.2020, 05.06.2021 and 14.06.2021 and pass appropriate orders; and
ii) further, the respondents are directed to fix the seniority list and appoint the eligible candidates in the petitioners as Assistant Project Officer in the first post in terms of the above said G.O.Ms.No.38, dated 04.06.2019.
The entire exercise shall be completed within eight (08) weeks from the date of receipt of a copy of this order.
10. With the above observations, the Writ Petitions are allowed. There shall be no order as to costs.
As a sequel, all the pending miscellaneous applications shall stand closed.
______________________________ DR. K. MANMADHA RAO, J.
Date : 03-08-2022 Gvl 7 HON'BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION Nos.22610 and 22119 of 2021 Date : 03.08.2022 Gvl