THE HON’BLE Dr.JUSTICE K. MANMADHA RAO WRIT PETITION No.7490 of 2019
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
<…..to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the action of the 3rd respondent in rejecting the request of the petitioners for considering their cases for appointment as Junior Assistants from the dates of their initial appointment by applying G.O.Ms.No. 612 GA (SERV) Department, dated 30.10.1991 and Circular dated 12.08.2003 as was done by the TTD in the case of the 5th respondent nullifying the earlier TTD Circular dated 28.12.2010 as illegal, arbitrary, violative of the settled proceudre, discriminatory and without jurisdiction and consequently direct the respondents to apply the subsequent Board Resolution No. 364, dated 28.08.2018 followed by the TTD Circular dated 05.10.2018 and appoint the petitioners as Junior Assistants in their respective departments since inception and protect their seniority in the said cadre by releasing all consequential benefits attached to the post of Junior Assistant and pass such other orders.=
2. The brief facts of the case are that the 3rd respondent Devasthanam makes appointments on compassionate grounds by following G.O.Ms.No.687, dated 03.10.1977 and consequent Circulars issued by the Government of Andhra Pradesh. The Executive Officer of the TTD Circular dated 28.12.2010 had formulated certain new guidelines on his own for appointment of persons on compassionate grounds in the 3rd respondent Devasthanam, in contrary to the Government Orders and Circulars issued from time to time. Strangely, the Executive Officer of the 3rd respondent on his own modified the guidelines issued by the Government in Circular Memo No.60681/SERJ/2003-1, dated 12.08.2003 and stated that appointments should be made as per the qualifications acquired as on the date of qualification shall be provided and further the 3rd respondent also stated that the Compassionate Appointments will be restricted to the post of Assistant/ Shroff cadre. The petitioners were appointed in the 2nd respondent Devasthanam on compassionate grounds as Assistants/ Shroffs on various proceedings depending upon the qualifications acquired by the time of their requisition, but without giving the opportunity to acquire the Degree qualification as per G.O.Ms.No.
687 GA (SERV) Department dated 03.10.1977.
3. While so, the petitioners have applied for the posts in the 3rd respondents Devasthanam on compassionate grounds, while they are studying Degree, since their respective parents died during employment. Some of the petitioners have completed Graduation and had eligibility for the post of Junior Assistant and remaining persons have obtained the requisite qualification within stipulated period under the G.O.No.687 and 612. The 3rd respondent appointed the petitioners in the posts of Assistants/ Shroffs on the ground that the petitioners have not completed their graduation by the date of their respective appointments. The petitioners made several representations to the 3rd respondent requesting to consider the case of their cases for the post of Junior Assistant by applying the G.O.Nos. 687 and 612 and other Circulars of the Government of Andhra Pradesh, so far no action taken place.
4. While the matter stood thus, the 5th respondent appointed as Assistant/ Shroffs vide proceedings dated 29.06.2018 in the 3rd respondent on compassionate grounds by applying the very same guidelines in the Circular dated 28.12.2010 and she was posted at TTD Information Centre, Bangalore on 28.07.2018. The 5th respondent made a representation on 05.07.2018 stating that she completed B.Tech in month of May, 2017 i.e after selection and requested to appoint her in the cadre of Junior Assistant. TTD Board vide Resolution No. 364, dated 28.08.2018 considered the case of the 5th respondent for appointment to the post of Junior Assistant, again TTD cancelled the Circular and issued new procee
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