Telangana High Court
WP/8396/2001 of P.V.Jagadeshwar Rao, Vs The Executive Officer, on 28 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NO : 8396 of 2001 Between: P.V.Jagadeshwar Rao, S/o. P.Nageshwar RAo, O/o. The Executive
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE B.PRAKASH RAO
WRIT PETITION NO : 8396 of 2001
Between:
P.V.Jagadeshwar Rao, S/o. P.Nageshwar RAo, O/o. The Executive Officer, Group of Temples, Kaikalur, Krishna District.
..... PETITIONER
AND
1 The Executive Officer, Kaikalur Group of Temples, Kaikalur, Krishna District.
2 The Assistant Commissioner of Endowments, Vijayawada, Krishna District.
3 The Dy. Commissioner of Endowments, Kakinada, East Godavari District.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue any Writ, order or direction more particularly one in the nature of "WRIT OFMANDAMUS" declaring the action of the respondents in not promoting the petitioneras Attender in the existing vacancy as illegal, improper, unjust, arbitrary and contraryto law and further direct the respondents to promote the petitioner as Attender in theexisting vacancy and also direct the respondents to fix his pay in the 1993 P.R.C.pay scales.
Counsel for the Petitioner:MR.K.G.KRISHNA MURTHY
Counsel for the Respondent No.: MR.N.GURU GOPAL
The Court made the following :
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ORDER:
Heard both sides and at their request the main Writ Petition itself is taken upfor disposal.
The petitioner herein who was working as night Watchman-cum-Sweeper,filed this Writ Petition, inter alia, seeking for a Mandamus challenging the action ofthe respondents in not permitting him to the next higher post viz., Attender.
Though the said claim was sought to be contested by the respondents on theground that he has not completed three years of service, but however, the factremains that the writ petition was filed as long back as on 15[th] April 2000. By thistime, the petitioner not only completed three years of service but already completedfive years of service. In view of the same, there cannot be any objection on the partof the respondents in considering his case for promotion to the next higher postincluding fixation of scale.
Accordingly, the Writ Petition is disposed of directing the respondents toconsider the case of the petitioner for promotion to the next higher post of Attenderand also fix the scale of pay as per law. The entire exercise shall be done within aperiod of four weeks from the date of receipt of a copy of this order. No Costs.
______________
28.12.2004
ka
To
1 The Executive Officer,
Kaikalur Group of Temples, Kaikalur, Krishna District. Krishna District.
2 The Assistant Commissioner of Endowments, Vijayawada, Krishna District.
3 The Dy. Commissioner of Endowments,
Kakinada, East Godavari District.
4. 2 CCs to G.P. for Endowments, High Court of A.P Buildings, Hyderabad(OUT)(OUT)
5. 2 CD copies.