IMPORTANT POINT
Promotions must adhere to principles of natural justice, including the communication of adverse remarks, and seniority should be respected unless merit and ability are clearly superior.

ORDER :

Gannamaneni Ramakrishna Prasad, J.

Heard Sri K. Lakshmana Raju, learned Counsel for the Writ Petitioner in all four Writ Petitions; Smt. M. Anusha, learned Counsel for Respondent Nos.4 & 5 in W.P.No.25140 of 2020 and on behalf of Sri Challa Venkat, learned Counsel for Respondent No.4 in W.P.No.11122 of 2021 and Respondent No.3 in W.P.No.31294 of 2022; Smt. P. Rajani Reddy, learned Government Pleader for Endowments in W.P.Nos.11122 of 2021 and 31294 of 2022 and Sri V.R.N. Prasanth, learned Standing Counsel for T.T.D.

2. All these Writ Petitions (W.P.Nos.25140 of 2020, 9703 and 11122 of 2021 & 31294 of 2022) are taken-up together, as they arise from out of common issues relating to the same parties. The prayer in W.P.No.25140 of 2020 raises the core issue and the decision rendered in the said Writ Petition would have bearing on the outcome in the other three Writ Petitions as well.

3. The prayer sought in the W.P.No.25140 of 2020 is as under.

“…..issue a Writ or Order more particularly one In the nature of Writ of Mandamus to declare the Impugned Proc.No.TL1/8367/CE/TTD/TPT/2019 dt.28.03.2020, TL1/8354/CE/TTD/TPT/2019 dt.16.10.2019 and Roc No TL1/8354/CE/TTD/TPT/2019 dt.06.05.2020 issued by the 1st respondent depriving petitioner’s promotion to the post of Superintending Engineer (Civil) and promoted the unofficial respondents 4 and 5 even the petitioner being senior to them under the cause of the post of Superintending Engineer (civil) is a selection post which is required to fill based on merit and ability is totally misled the fact on record despite the fact the petitioner received two Appreciation Certificates and Two Grams Gold Dollar and Silver Dollar in the Executive Engineer as is evident vide Proc. Dt.18.01.2011 and set aside the impugned proceedings are illegal, unjust and violative of Articles 14 and 16 of the Constitution of India and consequently hold that petitioner being senior and as rewarded employee entitled to be promoted as Superintending Engineer (Civil) from the date on which the unofficial respondent 4 promoted i.e., 16.10.2019 with all consequential benefits and to pass…...

Facts as submitted by the Ld. Counsel for the Writ Petitioner.

4. The facts as submitted by Sri K. Lakshmana Raju, learned Counsel for the Writ Petitioner in W.P.No.25140 of 2020 are that the Writ Petitioner has joined the services of Respondent No.1 (Tirumala Tirupati Devasthanam) on 22.10.1986 as Assistant Executive Engineer after being duly selected; that he was thereafter promoted as Deputy Executive Engineer on 03.09.1992; and, that the Writ Petitioner was further promoted as Executive Engineer on 23.06.2003.

Merit & Ability.

4.1. It is further submitted by the learned Counsel for Writ Petitioner that it is the case of the Writ Petitioner that he has passed all Departmental Tests from time to time and had also acquired higher qualifications of :

i) M.E (Civil) (Town & Country Planning),

ii) M.B.A (Hospital Management), and,

iii) Diploma in Temple Culture (issued by Rastriya Sanskrit Vidya Peet); that the Writ Petitioner has received several appreciations; that he was recommended on two occasions for meritorious service vide Proceeding dated 18.01.2011 at Sl.No.44 (Ex.P.10); that the Writ Petitioner had discharged his duties honestly and diligently without any room for complaints of any nature which led to the grant of two appreciations for his meritorious service; that the Respondent No.3 namely the Chief Engineer, with the permission of the Executive Officer of Respondent No.1, has deputed the Writ Petitioner, when the Writ Petitioner was serving as Executive Engineer in (Quality Control) to discuss with the highest cadre Officers of Forest Department of the Government of Maharashtra at Nagpur for the purpose of procuring teakwood tree-logs for Dwajasthambam, which were sought to be erected in Govindaraja Swamy Temple, Tirupati; that the Writ Petitioner has received appreciation, as the same was done in a record span of time. Theref