THE HON’BLE SRI JUSTICE PULLA KARTHIK

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“…to declare the action of the 1st Respondent in not preparing the common seniority list of Senior Assistants/Senior Technical Assistants (Finance) and Senior Technical Assistants (Administration) and proceeding with the promotions to the posts of Superintendents, ignoring the seniority of the Petitioners as illegal, arbitrary, unjust and violative of Article 14 & 16 of the Constitution of India and consequentially, direct the Respondents to prepare a common seniority list of Senior Assistants, Senior Technical Assistants (Finance) and Senior Technical Assistants (Administration) as was done by the Parent University (YSRHU, AP) vide Letter.No.6056/H&S/Horti/A1/2011 dt:04.02.2020 and Circular Memo No.1570/Ser(NT)/2020 dt:28.02.2020 and regulations made by the State of A.P., vide G.O.Ms.No.72, Agriculture & Cooperation (H & S) dt:22.12.2023 and further direct the Respondents to promote all petitioners to the post of Superintendent form the date of their eligibility and seniority, with all service and monetary benefits and to pass…”

2. Heard Sri M. Vijay Kumar, learned Senior Counsel, representing Sri Poodattu Amarender, learned counsel for the petitioners, and Sri G. Vidya Sagar, learned Senior Counsel, representing Ms. K. Udaya Sri, learned Standing Counsel for respondent No.1.

3. Learned Senior Counsel for the petitioners submitted that a recruitment Notification vide Advt.No.6/RC/2009 dated 16.12.2009, was issued by the erstwhile Andhra Pradesh Horticulture University, inviting applications for various posts, including Senior Technical Assistants (STA) Finance and Senior Technical Assistants (STA) Administration. The said Notification was published in respect of (8) posts of STAs, i.e., (4) STA Finance and (4) STA Administration, and the same was clarified by way of a Corrigendum dated 16.03.2010, holding that both the posts would fall under the common category of Senior Assistants, for all purposes. Accordingly, in pursuance of the said Notification, the petitioners were appointed as STAs and joined duty on 21.10.2010 and 25.10.2010, respectively, and they have been discharging their duties with utmost dedication and devotion. It was submitted that the services of the petitioners were regulated by Dr. Y.S.R. Horticulture University – Officers (other than University Officers) Service Regulations, 2011, which stipulates that the post of Superintendent (Category-I) shall be filled in by promotion from a common seniority list of Senior Assistants/STA Administration/STA Finance in the Administrative Office/Research Stations/Colleges/ Polytechnics, after passing the Accounts Test for Sub-Ordinate Officers Part-I and Part-II. It was submitted that the petitioners, whose services were regularized by the date of their appointment, vide proceedings dated 05.06.2013, are fully qualified and eligible for promotion to the post of Superintendent.

4. It was further submitted that prior to the aforesaid recruitment notification, the Government had sanctioned several teaching and non-teaching posts, including (53) posts of Senior Assistants vide G.O.Ms.No.64 dated 25.02.2009. However, on 23.01.2013, a tentative seniority list of Senior Assistants was prepared, without preparing a seniority list for common categories. As such, the petitioners filed W.P.No.3032 of 2013, which was disposed of vide order dated 04.02.2013, holding that the creation of STA posts is under consideration and that the promotion stage has not come. Thereafter, the Government issued orders vide G.O.Rt.No.418 dated 01.03.2013, ratifying the action of the Board of Management of A.P. Horticulture University, in converting the (8) posts of Senior Assistants into STAs. It was further submitted that a separate seniority list of STAs was prepared on 30.04.2014, without including the Senior Assistants. Therefore, the petitioners ra