ORDER :

1. The petitioner who claims to be appointed as Junior Assistant in the 2nd respondent group of temples on 01.04.1986, filed this writ petition questioning the impugned proceedings dated 10.04.2014 passed by the Deputy Commissioner (s) wherein and whereby his representation dated 29.01.2014 to appoint him as Executive Officer Grade-III of the 2nd respondent group of temples by transfer of service was considered as per the orders passed by this Court in W.P.No.35316 of 2013 dated 05.12.2013 and was rejected. Being aggrieved by the said impugned rejection order, the present writ petition is filed.

2. Brief facts of the case are that the petitioner in fact, initially was appointed in 2nd respondent group of temples on 01.04.1986 as Junior Assistant. The pay scales for Government employees were revised in the year 1993 and the same is adopted for the employees of the temples. However, while fixing the petitioner’s pay scale, the pay scale applicable to Record Assistant was fixed instead of the pay scale attached to the post of Junior Assistant. Aggrieved by the same, the petitioner filed the Writ Petition No.14065 of 2005 and after the respondents have contested the matter, the same was allowed by Order dated 30.03.2010 directing fixation of pay scale as applicable to the post of Junior Assistant. In compliance of the direction passed by this Honourable Court, the Respondent No.2, vide R.C.No.Nil of 2010, dated 25.08.2010 and 27.08.2010 implemented the order. But as per the orders passed by this Court in W.P.No.14065 of 2005, dated 03.03.2010, the pay scales of the Junior Assistant was extended by the Executive Officer of the 2nd respondent group of temples, vide proceedings R.C No.Nil of 2010, dated 25.08.2010. The petitioner claimed promotion to the post of Executive Officer Grade-III, as he was fully eligible and qualified. The post of the Executive Officer Grade-III falls under the Category-3 of Class-I under Rule-2 from the post of Junior Assistant by relaxing the passing of (Account Test for Subordinate Officers) as per Rule 4 and Rule 14 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Subordinate Services Rules, 2002 (Non Gazetted) Rules framed vide G.O.Ms.No.262, Revenue (Endowments) dated 20.05.2002.

The method of appointment for the post of Executive Officer, Grade-III is prescribed in Rule-3 as (1) by direct recruitment and (2) by transfer from category of Junior Assistants of Andhra Pradesh Ministerial Services in the Endowment Department and Junior Assistants working in the institutions published under Section 6(a), (b), (c) and (d) of the Act other than Regional Joint Commissioner and Deputy Commissioner cadre institution. Rule 5 prescribes the qualifications which contemplates that for appointment by transfer to the post of Executive Officer Grade-III, a person must have passed (a) the Account Test for Subordinate Officers Part I and (b) Endowment Department Test Paper-I and II (Act and Rules). The petitioner had passed the Endowment Department Test Paper-I and II during the year 2011. However, he did not pass the Account Test for Subordinate Officers Part I. The Government of Andhra Pradesh issued G.O.Ms.No.225, dated 18.05.1999 framing an ad-hoc rule whereby persons who have completed 45 years age are exempted from passing the departmental test. Subsequently, the Government vide G.O.Ms.No.647, dated 06.05.2008 inserted Rule-14 to the rules making the ad-hoc rule framed vide G.O.Ms.No.225, dated 18.05.1999 applicable to the temple employees as well. Therefore, the petitioner is fully eligible and qualified for the appointment as Executive Officer Grade-III, in terms of the extant rules as he have crossed the age of 45 years and as he did not even promoted at least once from the date of his appointment. As such, he made representation to the Respondent Nos.3 and 4 which were received by them on 09.07.2012 and 07.07.2012 respectively, pleading with the respondent Nos.3 and 4 to a