APHC010764062013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457]

(Special Original Jurisdiction)

MONDAY,THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18957/2013 Between:

1. M R.SHAIK MASTHAN, S/O S.A.MAZEED, R/O 4-50, BRAHMIN STREET, NEWPETA CHANDRAGIRI, CHITTOOR DISTRICT ...PETITIONER AND

1. G OVERNMENT OF ANDHRA PRADESH, ENDOWMENT DEPARTMENT, A.P. SECRETARIAT, HYDERABAD, REP. BY ITS SECRETARY

2. T HE EXECUTIVE OFFICER, THE TIRUMALA TIRUPATHI DEVASTHANAMS, TIRUPATI, CHITTOOR DISTRICT

3. S RI B R SARASAMMA ALIAS B R SARASWATHI, DY.EXECUTIVE ENGINEER (ELECTRICAL) SRI BALAJI HOSPITAL SECTION T.T.D., TIRUPATI, CHITTOOR DISTRICT ...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ (i) declare the proceedings Roc.No.TL8/3383/2012, dated 6-3-2013 issued by the respondents as illegal and contrary to the TTD Employees Service Rules, 1989 and consequently set aside the same; (ii) declare that the 3rd respondent is in eligible to be promoted to the post of Deputy Executive Engineer (Electrical), since she does not possess the requisite educational qualification for the said post; (iii)

declare the proceedings Roc.No.TL8/3383/2012, dated 26-6-2013 issued by the respondents promoting the 3rd respondent from the cadre of Deputy Executive Engineer (Electrical) to the post of Divisional Engineer (Electrical) is contrary to the Rules and consequently set aside the same; (iv) direct the respondents to promote the petitioner to the post of Divisional Engineer (Electrical) w.e.f. 1-4-2012, the date on which the vacancy in the cadre of Divisional Engineer (Electrical) arose, with all consequential and monetary benefits and pass IA NO: 1 OF 2013(WPMP 23179 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the candidature of the petitioner for promotion to the post of Divisional Engineer (Electrical) and pass IA NO: 2 OF 2013(WPMP 23180 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the proceedings Roc.No.TL8/3383/2012, dated 26-6-2013 issued by the respondents and pass IA NO: 3 OF 2013(WPMP 40956 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2^nd Respondent Tirumala Tirupathi Devasthanams to accommodate the 3rd Respondent as Divisional Engineer (Radio & Broadcasting) and promote the Petitioner herein in the resultant vacancy of Divisional Engineer (Electrical)

Counsel for the Petitioner:

1. K UDAYA SRI Counsel for the Respondent(S):

1. A PRABHAKAR SARMA SC FOR TTD

2. GP FOR ENDOWMENTS

3. A K JAYAPRAKASH RAO(SC FOR TTD)

The Court made the following:

Order:-

There is no representation for the petitioner today.

2. Sri N.V.S. Prasada Varma, the learned Standing Counsel appearing for the 2^nd respondent, submits that during the pendency of the writ petition the petitioner had attained the age of superannuation.

3. It is submitted that the petitioner is challenging the order of promotion issued in favour of the 3^rd respondent and claims that the 3^rd respondent is ineligible for promotion to the post of Deputy Executive Engineer (Electrical).

4. This Court, on 08.07.2013, did not disturb the promotion granted to the 3^rd respondent; however, it observed that the same is subject to the result of the writ petition.

5. Considering the submission that the petitioner has superannuated, nothing further survives to be adjudicated on merits.

6. Recording the same, t