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 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 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