SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(AP) 20924

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V. Sujatha, J
M NAGAVENI – Appellant
Versus
THE STATE OF AP – Respondent
WRIT PETITION NO: 1307 OF 2026



Advocates:
For the Appellants/Petitioners: M M M Srinivasa Rao
For the Respondents: GP For Services I

A fully qualified candidate for promotion cannot be denied consideration based on the pending resolution of conditional promotion requests for candidates who do not meet the minimum educational qualifications.

Headnote:The petitioner, a graduate serving as a Village Revenue Assistant, challenged the endorsement dated 07-08-2024 issued by the District Collector, Kurnool, which denied her promotion to Village Revenue Officer Grade-II. The challenge was based on G.O.Ms.No.104 Revenue (SER.III) Department dated 10-03-2023 and A.P.V.R.O Service Rules, 2008, which enhanced the minimum educational qualification for promotion from intermediate to a Bachelor's Degree. The court found that the petitioner possessed the required degree and was eligible for promotion. The central issue was whether the pending consideration of conditional promotions for employees possessing only intermediate qualifications could justify the denial of promotion to a candidate who is already fully qualified. The court reasoned that the requests of unqualified candidates for conditional promotion do not constitute a valid ground for rejecting the case of a fully qualified candidate who meets the amended criteria. With the above direction, the Writ Petition is allowed.

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 a writ or direction preferably writ of mandamus declaring the impugned endorsement vide Rc.No.A4/96/2024, dt.07-08-2024 issued by the 2nd respondent not in accordance with the G.O.Ms.No.104 REVENUE (SER.III) DEPARTMENT Dt 10-03-2023 in considering the petitioner for promotion from the post of Village Revenue Assistant to the post of Village Revenue Officer, Grade - II in respect of the Kurnool District as illegal, arbitrary and unconstitutional being violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the 2nd respondent to consider the case of the petitioner for promotion as Village Revenue Officer from Village Revenue Assistant Grade - II in respect of the Kurnool District with all consequential benefits, and pass

IA NO: 1 OF 2026

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 2nd respondent to release the prevailing seniority list after bifurcation of Districts, particularly as on petitioner's representation dt:21-12-2023 seeking promotion as Village Revenue Officer, Grade-II from the post of Village Revenue Assistant, in accordance with the G.O.Ms.No.104 REVENUE (SER.III) DEPARTMENT Dt:10-03-2023 in respect of the Kurnool District, pending disposal of the writ petition

IA NO: 2 OF 2026

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 2nd respondent to reserve one Village Revenue Officer, Grade-II post according to seniority list prevailing as on petitioner's representation dt:21-12-2023 in respect of the Kurnool District for the petitioner in accordance with the G.O.Ms.No.104 REVENUE (SER.III) DEPARTMENT Dt:10-03-2023, pending disposal of the writ petition

Counsel for the Petitioner:

1. M M M SRINIVASA RAO

Counsel for the Respondent(S):

1. GP FOR SERVICES I

The Court made the following:

ORDER:-

This Writ Petition is filed questioning the impugned endorsement, vide Rc.No.A4/96/2024, dt.07-08-2024 issued by the Respondent No.2 is not in accordance with the G.O.Ms.No.104 Revenue (SER.III) Department, dated 10.03.2023 in considering the petitioner for promotion from the post of Village Revenue Assistant to the post of Village Revenue Officer, Grade- II in respect of the Kurnool District as illegal and arbitrary.

The case of the Petitioner in nutshell is that she was initially appointed as Village Revenue Assistant on 17.05.2012 on temporary basis at Rs. 3,000/- per month as honorarium and allowances as fixed by the government. The Petitioner has completed 13 years of service without any charge or disciplinary proceedings. On 31.07.2020, the Respondent No.2 has finalized the final seniority list of Village Revenue Officers (in short ‘VROs’) as on 01.01.2020 with intermediate qualification. The Petitioner has completed 8 years of service as VRA and he is also having degree qualification. After verifying the reports from the Revenue Divisional Officers, final seniority was published vide, G.O.Ms.No.13, dated 27.01.2020, wherein the name of the Petitioner shown at Sl.No.301. Though the final seniority list was finalized in the year 2020 itself, as the Petitioner’s case was not considered for promotion as VRO, the Petitioner made representation on 21.12.2023 to the Respondent No.2 requesting for promotion under back log quota or as per seniority list through caste wise reservation. As the representation was not consideration, the Petitioner was constrained to file W.P.No. 2592 of 2024, which was disposed on 02.02.2024 by this Court, which reads as under:-

“3. Since the main prayer sought in the present writ petition is to dispose of the Representation submitted by the writ petitioner dated 21.12.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top