THE HON’BLE MRS. JUSTI CE SUREPALLI NANDA

ORDER:

Heard Sri P. Narasimha, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos. 1 and 2.

2. The Petitioner approached this Court seeking the prayer as under :

“To issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not considering the just claims of the petitioner for promotion to the post of Tahsildar on par with persons who were re-allotted during 2017 and 2018 to the same post without any justification or reasonable cause on the untenable ground that his selection to the post of Deputy Tahsildar was revised and re-allotted to State of A.P., in the Revised Selection List dated 10.05.2018 but continuing in the department as Deputy Tahsildar based on the orders of this Hon’ble Court in W.P.No.13605 of 2022, dated 16.03.2022 is as illegal, arbitrary, discriminatory, unjust and violative of Articles 14, 16 and 21 of the Constitution of India and contrary to the Fundamental Right for consideration of promotion at rightful time and consequently hold that the petitioner is entitled for promotion to the post of Tahsildar along with 2017 and

2018 Naib Tahsildars and to pass such other order…”

3. The case of the petitioner, in brief, is that the petitioner was originally selected and appointed as Cooperative Sub Registrar during March, 2005 pursuant to Advt.No.10/99. Subsequently, the petitioner was promoted to the post of Deputy Registrar of Cooperative Societies. Later, in the revised selection list published by the APPSC during the year 2017, the petitioner was selected to the post of Deputy Tahsildar, and joined in the said post in April, 2018. The services of the petitioner were regularized and probation was also declared in the said cadre.

It is further case of the petitioner that the Petitioner was not promoted to the post of Tahsildar on par with persons who were re-allotted during 2017 and 2018 to the same post without any justification on the ground that the petitioner’s selection to the post of Deputy Tahsildar was revised and re-allotted to the State of A.P., in the Revised Selection List dated 10.05.2018 but continuing in the department as Deputy Tahsildar based on the interim orders of this Hon’ble Court in W.P.No.13605 of 2022, dated 16.03.2022 and the said Writ Petition is pending disposal. Hence, the petitioner filed the present writ petition for the promotion to the post of Tahsildar as per the petitioner’s seniority and eligibility.

4. PERUSED THE RECORD :

(A) This Court passed interim orders dated

23.04.2024 in I .A.No.1 of 2023 in the present W.P.No.18433 of 2023 in favour of the petitioner observing as under:

“Heard both sides.

Learned counsel for the petitioner submits that pursuant to the Notification No.10/99, the petitioner was appointed as Cooperative Sub Registrar during March, 2005. Thereafter, he was promoted to the post of Deputy Registrar of Cooperative Societies. Basing on the revised selection list published by the A.P. Public Service Commission during the year 2017, he was selected as Deputy Tahsildar and accordingly, he joined in the said post during April, 2018 and since then he has been working as such. Thereafter, his services were regularized in the said cadre and probation was also declared. Therefore, he is entitled for further promotion to the post of Tahsildar based on his seniority and eligibility.

While so, the Public Service Commission has again revised the selection list, published the same on 10.05.2018 and in the said list, though the petitioner was selected to the post of Deputy Tahsildar, allotted to Zone II.

Aggrieved by the same, petitioner approached this Court by way of W.P.No.13605 of 2022 and this Court passed interim order on 16.03.2022, directing the respondents not to disturb the petitioner from the post he actually holding and continue him in such post, until further o