IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

***

WRIT APPEAL No.1039 of 2024

Between:

# The Commissioner, Endowments Department, A.P., Hyderabad, now at Gollapudi,

Vijayawada, NTR District and others.

…Appellants

And

$ K.Nagababu, S/o Gopalakrishna Murthy, Superintendent, Sri Chandrasekhara

Swamy Devastanam, Ch.Agraharam Village, Ganapavaram Mandal, West Godavari

District and others.

…Respondents

Date of Judgment pronounced on : 08-01-2025

THE HON’BLE SRI JUSTICE B.KRISHNA MOHAN

&

THE HON’BLE SRI JUSTICE NYAPATHY VIJAY

1. Whether Reporters of Local newspapers : Yes/No

may be allowed to see the judgments?

2. Whether the copies of judgment may be marked : Yes/No

to Law Reporters/Journals:

3. Whether the Lordship wishes to see the fair copy : Yes/No

Of the Judgment?

____________________________

JUSTICE B.KRISHNA MOHAN

_________________________

JUSTICE NYAPATHY VIJAY

2

*IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

* THE HON’BLE SRI JUSTICE B.KRISHNA MOHAN

&

* THE HON’BLE SRI JUSTICE NYAPATHY VIJAY

+ W.A.No.1039 of 2024

% Dated: 08-01-2025

Between:

# The Commissioner, Endowments Department, A.P., Hyderabad, now at Gollapudi,

Vijayawada, NTR District and others.

…Appellants

And

$ K.Nagababu, S/o Gopalakrishna Murthy, Superintendent, Sri Chandrasekhara

Swamy Devastanam, Ch.Agraharam Village, Ganapavaram Mandal, West Godavari

District and others.

…Respondents

! Counsel for the Appellant(s) : GP for Endowments

^ Counsel for Respondent(s) : 1. P.V.S.S.S.Rama Rao

2. M.Surender Rao

3. M.Vidyasagar

<GIST :

>HEAD NOTE:

? Cases referred:

____________________________

JUSTICE B.KRISHNA MOHAN

_________________________

JUSTICE NYAPATHY VIJAY

APHC010552932024

IN THE HIGH COURT OF

(Special Original Jurisdiction)

WEDNESDAY ,THE EIGHTH DAY OF JANUARY

TWO THOUSAND AND TWENTY FIVE

THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT APPEAL NO: 1039/2024

Writ Appeal under clause 15 of the Letters Patent to allow the Writ

Appeal by setting aside the order dated 12

2012 and pass

Between:

1. THE COMMISSIONER, ENDOWMENTS DEPARTMENT, A.P.,

HYDERABAD, NOW AT GOLLAPUDI, VIJAYAWADA,

2. STATE OF ANDHRA PRADESH, REVENUE (ENDOWMENTS)

DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY, HYDERABAD

NOW AT AMARAVATHI, GUNTUR DISTRICT, A.P.,

1. K NAGABABU, S/O GOPALAKRISHNA MURTHY SUPERINTENDENT SRI

CHANDRASEKHARA SWAMY DEVASTANAM CH AGRAHARAM

VILLAGE GANAPAVARAM MANDAL WEST GODAVARI DISTRICT.

2. SRI N S CHAKRADHARA RAO, EXECUTIVE OFFICER SRI MADDI

ANJANEYA SWAMY DEVASTANAM GURAVAYAGUDEM VILLAGE

JANGAREDDYGUDEM MANDAL WEST GODAVARI DISTRICT.(NO

SRI VENKATESWARA SWAMY VARI DEVASTHANAM, VADAPALLI,

DR.BR.AMBEDKAR DISTRICT)

3

IN THE HIGH COURT OF ANDHRA

PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

WEDNESDAY ,THE EIGHTH DAY OF JANUARY

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT APPEAL NO: 1039/2024

Writ Appeal under clause 15 of the Letters Patent to allow the Writ

Appeal by setting aside the order dated 12-07-2024 in W.P.No.33216 of

THE COMMISSIONER, ENDOWMENTS DEPARTMENT, A.P.,

HYDERABAD, NOW AT GOLLAPUDI, VIJAYAWADA, NTR DISTRICT

STATE OF ANDHRA PRADESH, REVENUE (ENDOWMENTS)

DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY, HYDERABAD

NOW AT AMARAVATHI, GUNTUR DISTRICT, A.P.,

...APPELLANT(S)

AND

K NAGABABU, S/O GOPALAKRISHNA MURTHY SUPERINTENDENT SRI

CHANDRASEKHARA SWAMY DEVASTANAM CH AGRAHARAM

VILLAGE GANAPAVARAM MANDAL WEST GODAVARI DISTRICT.

SRI N S CHAKRADHARA RAO, EXECUTIVE OFFICER SRI MADDI

ANJANEYA SWAMY DEVASTANAM GURAVAYAGUDEM VILLAGE

JANGAREDDYGUDEM MANDAL WEST GODAVARI DISTRICT.(NO

SRI VENKATESWARA SWAMY VARI DEVASTHANAM, VADAPALLI,

DR.BR.AMBEDKAR DISTRICT)

[3516]

THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

Writ Appeal under clause 15 of the Letters Patent to allow the Writ

2024 in W.P.No.33216 of

THE COMMISSIONER, ENDOWMENTS DEPARTMENT, A.P.,

NTR DISTRICT

STATE OF ANDHRA PRADESH, REVENUE (ENDOWMENTS)

DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY, HYDERABAD

...APPELLANT(S)

K NAGABABU, S/O GOPALAKRISHNA MURTHY SUPERINTENDENT SRI

CHANDRASEKHARA SWAMY DEVASTANAM CH AGRAHARAM

VILLAGE GANAPAVARAM MANDAL WEST GODAVARI DISTRICT.

SRI N S CHAKRADHARA RAO, EXECUTIVE OFFICER SRI MADDI

ANJANEYA SWAMY DEVASTANAM GURAVAYAGUDEM VILLAGE

JANGAREDDYGUDEM MANDAL WEST GODAVARI DISTRICT.(NO W AT

SRI VENKATESWARA SWAMY VARI DEVASTHANAM, VADAPALLI,

4

3. SRI B H V S N KISHORE KUMAR, S/O BUTCHI RAJU EXECUTIVE

OFFICER SRI KOTA SATTEMMA AMMAVARI TEMPLE NIDADAVOLE

POST AND MANDAL WEST GODAVARI DISTRICT, NOW AT SRI

TIRUPATAMMA AMMAVARI TEMPLE, PEBUGNCHIPROLU, NTR

DISTRICT.

4. SRI P VISWANADHA RAJU, EXECUTIVE OFFICER SRI PARIJATHA

VENKATESWARA SWAMY TEMPLE JANGAREDDYGUDEM WEST

GODAVARI DISTRICT. (NOW AT SRI P.M.K CHOULTRY

RAJAMAHENDRAVARAM)

...RESPONDENT(S):

IA NO: 1 OF 2024

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 pleased to condone the delay of (114) days in filing the Writ

Appeal against order passed by the Learned Single Judge in W.P.No.

33216 of 2012, dated 12-07-2024 and pass

IA NO: 2 OF 2024

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 pleased to suspend the operation of the orders dated 12-07-2024 in

W.P.No. 33216 of 2012 passed by the Learned Single Judge, pending

disposal of the writ appeal and pass

Counsel for the Appellant(S):

1. GP FOR ENDOWMENTS

Counsel for the Respondent(S):

1. P V S S S RAMA RAO

2. M SURENDER RAO

3. M VIDYASAGAR

5

The Court made the following JUDGMENT :

(per Hon’ble Justice B.Krishna Mohan)

Heard the learned Government Pleader for the appellants and

the learned counsel for the 1

st

respondent.

2. This Writ Appeal is preferred against the order passed by the learned

single Judge in W.P.No.33216 of 2012 dated 12.07.2024 directing the

appellants to extend the same benefits as were extended to the respondent

Nos.2 to 4 herein by applying the provisions of G.O.Ms.No.262 to the 1

st

respondent by issuing appropriate proceedings within a period of six weeks

from the date of receipt of the representation of the 1

st

respondent/petitioner

therein.

3. The appellants herein are the respondent Nos.1 and 2 in the writ

petition, the 1

st

respondent herein is the writ petitioner and the respondent

Nos.2 to 4 herein are the respondent Nos.3 to 5 in the writ petition.

4. It is the case of the 1

st

respondent that while he was working as Junior

Assistant in the establishment of Sri Chandrasekhara Swamy Devasthanam,

Ch.Agraharam, West Godavari District, he was promoted as Senior

Assistant on 22.10.1994 in the same Devasthanam, then he was transferred

6

to Sri Dhaneswari Ammavari Devasthanam at Duvva Village where he was

promoted as Superintendent.

The grievance of the 1

st

respondent is that the respondent Nos.2 to 4

were given promotions in pursuance of the G.O.Ms.No.262, dated

20.05.2002, but when it comes to the promotion of the 1

st

respondent, the

G.O.Ms.No.888 dated 08.12.2000 was applied illogically. Consequently, he

was denied promotion and the other benefits.

As seen from the seniority list prepared by the appellants as on

14.12.2021, the 1

st

respondent has been working as Superintendent from

01.02.2009 after being promoted, whereas the respondent Nos.3 to 5 were

promoted in the year 2013. As per G.O.Ms.No.262, the 1

st

respondent

would be entitled to the next promotion as Executive Officer Grade-I.

The 2

nd

respondent herein filed the counter in the writ petition stating

that the 1

st

respondent was suspended from the service and that the Writ

Petition Nos.1604 of 2010, 2416 of 2010 and 8097 of 2010 were filed before

this Court seeking payment of salaries and cancellation of deputation

against the orders of suspension etc. The counsel for the 1

st

respondent

submitted that the proceedings against the 1

st

respondent were also

dropped by the 1

st

appellant. As the entire service record of the 1

st

respondent is available with the 1

st

appellant, it is for the 1

st

appellant to

7

extend the service benefits on par with the respondent Nos.2 to 4 by

applying the G.O.Ms.No.262, dated 20.05.2002.

5. The learned counsel for the appellants refers to the common order

passed by the Division Bench of the erstwhile High Court in Writ Petition

No.23044 of 2017 and Writ Appeal No.1888 of 2017 dated 04.01.2018

which reads as under:

8. Therefore, the writ petition is allowed, the impugned order is set

aside. Now it appears that the Principal Secretary to Government

has changed. If it is so, the present incumbent or another

incumbent who is the competent to hold the office of the Principal

Secretary and who was not the Commissioner, who passed the

order dated 08.08.2011, shall deal with the revision of the writ

petitioner and dispose it of in accordance with law within a period of

three (3) months, from the date of receipt of a copy of the order.

Since the writ petitioner had protective orders from this Court till

disposal of the revision petition and also since the writ petitioners

enjoyed a protective order as against the revisional authority’s order

dated 15.05.2017, the petitioner shall have the same protection,

until the disposal of the revision.

9. As a consequence, the writ appeal is closed as no further orders

are necessary.

Accordingly, pending revision before the Government/2

nd

appellant,

the 1

st

respondent got protection from reversion from the post of

Superintendent.

6. The G.O.Ms.No.888 dated 08.12.2000 issued under Section 35(4)

read with Section 153 of the Act (Act No.30 of 1987) deals with the Andhra

Pradesh Charitable and Hindu Religious Institutions and Endowments Act,

8

1987 and Service Rules 2000. These rules would apply to all the office

Holders and servants of all the Charitable and Hindu Religious Institutions

and Endowments including Mutts and Dharmadayams except the office

holders and servants of the Tirumala Tirupati Devasthanams. Rule 35 of

the said G.O. deals with the relaxation of the rules by Commissioner as

under:

35. Relaxation of Rules by the Commissioner:-

The Commissioner may relax any rule in favour of these rules in

favour of any person or any class of persons for being appointed,

otherwise than by direct recruitment, to any office or post or of any

person who is serving or has served in any of the institution in such

manner as may appear to him just and equitable.

Provided that where any such rule is applicable to the case of any

person or class of persons, it shall not be relaxed in any manner

less favourable to the person or class of persons than that provided

by that rule.

7. Relying upon the said provision, the learned Government Pleader for

the appellants submits that the 1

st

appellant has got the discretion to relax

any of the said rules to any person for any post other than by direct

recruitment, with the proviso as mentioned therein.

Similarly, Rule 39 of the said G.O. deals with the qualifications with

annexure-III as under:

9

39. Qualifications:-

No person shall be eligible for appointment to the posts specified in

column (2) of the Annexure-III appended to these rules by the

method specified in column (3) thereof, unless he possesses the

qualifications specified in the corresponding entry in column (4)

thereof.

Annexure-III

Category Name of the

post

Method of recruitment Qualifications Maximum

Age

(1) (2) (3) (4) (5)

Category-1 - - - -

Category-2 Superintendent 1.By promotion from Senior

Assistant.

2.By loan of services of

Superintendent from

Endowments Department.

- -

Category-3 Senior Assistant 1.By promotion from Junior

Assistant.

2.By loan of services of Senior

Assistant from Endowments

Department.

1. Must have

passed

Accounts Test

for Subordinate

Officers Part-I.

2. Endowments

Department

Test Part-I & II.

-

Category-4 - - - -

Category-5 - - - -

Category-6 - - - -

Note: If persons who have passed the examination in Higher Grade are not

available those who have passed the Examination by Lower Grades may

be appointed.

8. Subsequently, the Government of Andhra Pradesh in the erstwhile

combined State issued G.O.Ms.No.262, Revenue (Endowments-I), dated

20.05.2002 under Section 153(1) read with section 29 of the Act (Act No.30

of 1987) which is called as the Andhra Pradesh Charitable and Hindu

Religious Institutions and Endowments Subordinate Service (Non-Gazetted)

Rules. As per the Rule 3 Class-III Note-I, the appointment to the post of

Executive Officer Grade-I in every cycle of 20 vacancies shall be made in

the order of rotation as specified below:

10

iii) by transfer from Superintendents

of Andhra Pradesh Ministerial

Service of Endowments Department.

4

th

vacancy to the Superintendents in

Head Office

14

th

vacancy to the Superintendents

working in the respective Multi Zone

(Two)

Rule 5 of the said Rules deals with the qualifications as under:

Qualifications: No person shall be eligible for appointment to the class and

categories as specified in columns (1) and (2) respectively of the Annexure to

these rules by the method specified in column (3) unless he possesses the

qualifications specified in the corresponding entry in column (4) thereof.

The corresponding Annexure under Rule 5 which is relevant for the

post of Class-I Executive Officer Grade-I is as below:

Class Category Method of appointment Qualification

(1) (2) (3) (4)

Class-I(1) Executive

Officers

Grade-I

i)by direct recruitment

through APPSC Group-IIA

Services.

Must possess a Bachelor’s degree

from a University in India established

or incorporated by or under a Central

Act or a State Act or Provincial Act or

any other institution recognized by

the University Grants Commission or

any other equivalent qualifications

ii) by promotion and

transfer.

1. Must have passed Account Test

for Sub-ordinate Officers Part-I

2. Must have passed Endowments

Department Test Paper-I and Part-II

(Act and Rules).

9. Relying upon the above said rules of qualifications and eligibility, the

learned counsel for the appellants submits that the 1

st

respondent should

have passed Accounts Test for Subordinate Officers Part-I and he must

have passed Endowments Department Test Paper-I and Part-II (Act and

Rules) to be considered for the post of Executive Officer Grade-I by way of

promotion and transfer and these rules cannot be relaxed. Whereas the

11

learned counsel appeared for the 1

st

respondent relies upon the Rule 35 of

G.O.Ms.No.888, dated 08.12.2000 as stated supra. He also refers to the

memo of the 1

st

appellant dated 20.04.2013 issued in respect of the 2

nd

respondent.

10. Upon consideration of the rival submissions made and the relevant

rules as stated above and upon perusal of the order of the learned single

Judge dated 12.07.2024, it is very clear that the appellants have not filed

their counter and made any submissions in the writ petition and for the first

time in this writ appeal they argued about the ineligibility of the 1

st

respondent herein for promotion to the post of Executive Officer Grade-I

contending that the G.O.Ms.No.262 dated 20.05.2002 has no application to

the case of the 1

st

respondent herein. Hence, the learned Single Judge has

no opportunity to appreciate the contentions of the appellants herein. The

above said rules are not overlapping to each other and they exist

independently. Admittedly, the 1

st

respondent has not questioned the

promotions given to the respondent Nos.2 to 4 but claimed on par with

them. From the totality of the above said facts and circumstances and the

rules, this Court deems it fit as just and necessary to give an opportunity for

the appellants to file a detailed counter both on facts and law before the

learned single Judge in the above said writ petition, subject to payment of

costs of Rs.5000/- to the credit of A.P. High Court Legal Services

12

Committee within a period of four (4) weeks from the date of receipt of copy

of this order and within the said time only the necessary counter shall be

filed by the appellants herein in the above said writ petition. Considering the

case of the 1

st

respondent, the appellants and the other respondent Nos.2 to

4 if any, the learned single Judge can decide afresh the above said writ

petition strictly on its own merits without reference to the above said order

which is assailed in this writ appeal. Thus, by setting aside the above said

order of the learned single Judge dated 12.07.2024, the matter is remanded

for fresh hearing of W.P.No.33216 of 2012 as indicated above.

11. Accordingly, the Writ Appeal is disposed of. Interim order, if any,

deemed to have been vacated. There shall be no order as to costs.

As a sequel, Miscellaneous Petitions pending, if any, shall stand

closed.

__________________________

JUSTICE B KRISHNA MOHAN

_________________________

JUSTICE NYAPATHY VIJAY

08-01-2025

LR copy to be marked

B/o

PND