ORDER :

Harinath.N, J.

1. The petitioner is challenging proceedings dated 25.09.2013 issued by the Executive Officer of the 4th respondent and seeks a consequential direction to declare that the petitioner is an employee of the 3rd respondent institution and to treat him as Junior Assistant in pursuance of the proceedings dated 15.03.2008, and also seeks all consequential benefits at the 3rd respondent institution.

2. Sri W.B.Srinivas, the learned senior counsel appearing on behalf of the petitioner, submits that the petitioner was initially appointed as an Attender in Sri Lakshmi Narasimha Swamy Devasthanam, R.Agraharam, Guntur Town vide proceedings dated 28.01.1988.

3. It is submitted that one Sri. S.Anjaneyacharyulu, Attender – Cum –Record Assistant working in the 3rd respondent, sought a transfer to the 4th respondent. The petitioner also requested that the 3rd respondent institution do so on mutual terms. The mutual transfer request of the petitioner and S.Anjaneyacharyulu was accepted, and proceedings dated 25.02.1988 were issued.

4. It is submitted that the petitioner was promoted as Record Assistant on 05.11.1992, as the petitioner was the only eligible candidate in the 3rd respondent institution at that point in time. It is submitted that the rule relating to treating each temple as a single unit was introduced by G.O.Ms.No.888, dated 08.12.2000. Prior to the introduction of G.O.Ms.No.888, the G.O.Ms.No.1478, dated 17.11.1986, was in force.

5. It is submitted that the Commissioner of Endowments issued a Memo on 07.04.2000 permitting the Executive Officers to regularise the services of the Employees who have completed five years of service and possess other requisite qualifications if there are sanctioned posts, subject to the statutory limitation of 30% as prescribed under the Act. In pursuance of the same, the petitioner submitted a representation dated 14.01.2003 to the 3rd respondent, requesting consideration of the petitioner's case for promotion to the cadre of Junior Assistant in the existing vacancy.

6. As the respondents did not pass any orders on the representation of the petitioner, the petitioner filed W.P.No.6688 of 2003, which was disposed of on 17.04.2003 with a direction to the 3rd respondent to consider the representation of the petitioner within two months. The 3rd respondent did not pass any orders; as such, W.P.No.8407 of 2006 was filed by the petitioner, and this Court passed interim orders on 25.04.2006. Thereafter, the Commissioner of Endowments accorded permission vide proceedings dated 07.03.2007 to promote the petitioner as Junior Assistant in the existing vacancy; accordingly, the petitioner was promoted as a Junior Assistant on 15.03.2007. The petitioner was required to withdraw the writ petition on being promoted. Accordingly, W.P.No.8407 of 2006 was withdrawn on 13.03.2007.

7. It is submitted that several employees working in different temple institutions were promoted in other than their parental institutions before issuance of G.O.Ms.No.888, dated 08.12.2000 and as per the guidelines issued by the E.O., dated 11.02.2011, the cadre of a person shall be protected for the employee who is promoted in an institution other than his parental institution, promotion shall hold good if there is no qualified candidate in that institution. Based on this circular, promotions extended to several employees were upheld by the Commissioner's orders dated 20.04.2013.

8. It is submitted that the petitioner was transferred to the third respondent institution in the year 1988, and there was no other person junior to the petitioner in the cadre of Attender – Cum – Record Assistant at the 3rd respondent institution. As such, the appointment as Record Assistant in the newly created post at the 3rd respondent institution on 05.11.1992, the petitioner is deemed to be a direct recruitee at the 3rd respondent institution as the post was newly created.

9. It is submitted that a show cause notice dated 14.09.2013 was issued by