P S R SUBRAHMANYAM Vs. COMMISSIONER OF ENDOWMENTS

JUDGEMENT

(1.) The Writ Petition is filed seeking Writ of Mandamus declaring the orders issued by the 1st respondent-Commissioner of Endowments, dated 6-5-1997 as illegal and contrary to law and for a consequential direction to the respondents to consider the candidature of the petitioner for promotion as P.A. to Executive Officer in accordance with the Rules.

(2.) Subsequently when the 3rd respondent was retired, respondent No.4 took over as P.A. to Executive Officer and consequently an amendment petition was moved challenging his appointment to the post of P.A. to the Executive Officer and the said amendment was allowed on 23-6-1999.

(3.) It is the case of the petitioner that he has been working as Superintendent in Sri Durga Malleswara Swamy Devasthanam, Vijayawada, subject temple, for the last several years and therefore he is entitled for promotion as P.A. to the Executive Officer. According to the provisions of A.P. Charitable and Hindu Religious Institutions and Endowments Act, hereinafter called as the 'Act', all the transfers of the servants of the Institutions had to be made among the Institutions and that power is vested with the Commissioner, but there is no power to transfer the Departmental Officers to post as P.A. to the Executive Officer, which is prohibited under Section 39 of the Act.