Promotion from Record Assistant to Junior Assistant, though irregular, was not illegal as it was made after completing the necessary service and there was a sanctioned post available. The period of continuous officiation following an appointment made in accordance with the rules prescribed for regular substantive appointments in the service should be counted towards seniority.

ORDER :

The above Writ Petition was filed seeking following relief :

“….to issue an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No.2 in issuing Memo in RC.No.E2/15021/219/2020, dated 07.10.2020 re-fixing the seniority of the petitioner in the cadre of Junior Assistant w.e.f 18.02.2011 and Seniority Assistant w.e.f. 18.02.2014 and rejecting the claim of the petitioner for being appointed as Executive Officer, Grade-II by transfer of service from Senior Assistant instead of taking into consideration of actual promotion of petitioner as Junior Assistant w.e.f. 09.02.2004 and Senior Assistant w.e.f. 28.03.2007 relying on the inapplicable Amendment made to the Rule 39 (Annexure-III) of the Office holders and Servants Rules, 2000 (GO.O.Ms.no.888, dated 08.12.2000) as per G.O.MS.No.128, dated18.02.2011 contrary to the authoritative pronouncement made by Hon’ble Division Bench of this Hon’ble Court in 2002-1-Ald-537 as bad, illegal and arbitrary and Violative of article 14, 16, 21 and 300A of constitution of India, consequently direct the respondent No. 2 to appoint the petitioner as Executive Officer Grade-II by transfer of service as per The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Subordinate Service (Non-Gazetted) Rules, 2002 by taking into consideration of the actual promotion of the petitioner as Junior Assistant w.e.f. 09.02.2004 and Senior Assistant w.e.f. 28.03.2007 and to grant all consequential service and monetary benefits to the petitioner and pass such other order or orders as deem fit and proper in the circumstances of the case.

2. The Petitioner was appointed as Record Assistant in Sri Venkateswara Swamy Temple, Eluru, on 01.03.1993. The Deputy Commissioner, Endowments Department, Kakinada fixed the cadre strength of Sri Venkateswara Swamy Temple, Eluru by proceedings D.Dis.No.B5/16125/2001, dated 28.08.2001. The Cadre Strength approved by the Deputy Commissioner of the Temple is one Senior Assistant, one Junior Assistant, two Record Assistants and one Night Watchman. Petitioner’s service was regularized as Record Assistant with effect from 01.04.1999. The Cadre Strength was revised by proceedings D.Dis.No.B5/3234/2004, Adm, dated 08.02.2004.

3. Petitioner was promoted as Junior Assistant on 09.02.2004. Thereafter, he was promoted as Senior Assistant on 28.03.2007. Petitioner, presently, is working as Senior Assistant. As per the Final Seniority List of Senior Assistants of Zone–II consisting of East Godavari, West Godavari and Krishna District, dated 22.04.2015, the petitioner’s name was shown at Sl.No.67.

4. Since the case of the petitioner was not considered for further promotion and juniors were promoted, he filed O.A.No.5508 of 2015 on the file of the Hon’ble APAT. Interim Orders were granted on 23.09.2015, directing the petitioner to submit representation. Petitioner submitted representation dated 06.10.2015 to the 2nd respondent. By Memo in Rc.No.E2/6589/2016-8, dated 21.02.2018, the claim of the petitioner was rejected on the ground that there was no channel of promotion from Record Assistant to Junior Assistant in the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Office Holders and Servants Punishment Rules, 2000, herein after referred to as ‘Rules’,. Channel was provided in the Rules by way of amendment as per G.O.Ms.No.128, dated 18.02.2011. As such, the petitioner cadre in the Junior Assistant was fixed from 18.02.2011 and promotion to Senior Assistant was reckoned from 18.02.2014 against actual promotion of Junior Assistant from 09.02.2004 and Senior Assistant from 28.03.2007, respectively.

5. The petitioner submitted representation dated 26.01.2019 to the Minister of Endowments along with other similarly placed persons to re-fix their seniority by considering the actual date of promotion as Junior Assistant, Senior Assistant and to appoint the petitioner as Executi