K G V KRISHNAIAH Vs. C VENKATA REDDY

JUDGEMENT

(1.) Both these appeals are directed against the common Judgment of the learned single Judge dated 26.9.2000 made in WP Nos. 7416 and 2255 of 1999. Appellant in both the writ appeals is the common person, respondent No. 4 in WP No. 7416 of 1999 and 3rd respondent in WPNo. 2255 of 1999. The 1st respondent in WA No. 1226 of 2000 is the petitioner in WP No. 7416 of 1999 whereas the 1st respondent in WA No. 1227 of 2000 is the petitioner in WP No. 2255 of 2000. Both the writ petitioners, in their respective writ petitions, have assailed the validity of G.O. Ms. No. 45 Revenue (Endts. II) Department dated 12.1.1999. By the said Government Order, the Government allowed the review petition filed by the appellant, and directed the seniority of the appellant to be fixed notionally in the cadre of Upper Division Clerks (UDCs) and Superintendents over and above the 1st respondent in WA No. 1226 of 2000, namely, Mr. Venkata Reddy of Sri Bhramaramba Mallikarjunaswamy Devasthanam, Srisailam.

(2.) The background facts leading to the filing of the above writ petitions and these writ appeals be noted briefly as under: The appellant and the 1 st respondent in each of these writ appeals viz., Mr. K.G.V. Krishnaiah, Mr. C. Sarabha Reddy and Mr. S. Venkata Reddy are the employees of Sri Bhramamba Mallikarjunaswamy Devasthanam, Srisailam. The appellant joined the services of the temple as Lower Division Clerk (LDC) on 23.2.1971; he was promoted as Senior Assistant on 30.12.1988; he was promoted as Superintendent on 30.6.1990; and subsequently as PA to the Executive Officer on 21.1.1999. The 1st respondent in WA No. 1226 of 2000, Mr. S. Venkata Reddy was appointed as LDC on 23.7.1968, promoted as UDC on 1.4.1979 and further promoted as Superintendent on 12.3.1990. Mr. C. Sarabha Reddy, the 1st respondent in WA No. 1227 of 2000 was appointed as LDC .on 6.12.1969, promoted as UDC on 13.11.1979 and further promoted as Superintendent on 19.5.1990. Thus, it can be seen that in the cadre of LDCs, M/s Sarabha Reddy and Venkata Reddy are seniors to the appellant, Mr K.G.V. Krishniah. When one Mr. A. Swaminathan, who was senior to the appellant in the cadre of LDC was promoted to the cadre of UDC in the year 1978, the appellant and certain others made complaints to the Temple administration against the promotion of said A. Swaminathan contending that he did not possess the special qualifications prescribed under Rule 23 of the A.P. Ministerial Service Rules, 1966 (for short, Ministerial Service Rules) and, therefore, he is not entitled to be promoted to the cadre of UDC. Acting on the said complaint made by the appellant and others, the promotion of Mr. A. Swaminathan was cancelled and he was reverted to the post of LDC. When Mr. S. Venkata Reddy was promoted as UDC with effect from 1.4.1979, the appellant preferred an appeal on 3.5.1979 to the Commissioner of Endowments under Section 90 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1966 (for short, 1966 Act). According to the appellant, the Commissioner by his order dated 30.5.1979 directed the appellant to submit appeal to the Board of Trustees of the Temple, and accordingly the appeal submitted by the appellant to the Board of Trustees was numbered as Re. A.2/2612/79. Since the Board of Trustees did not take any action on the said appeal of the appellant, the appellant preferred a revision under Section 93 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short, 1987 Act), to the Government, though it was styled as an appeal, for refixation of his seniority in the cadre of UDC on the ground that he passed the departmental tests earlier to his seniors in the cadre of LDCs. The Government by its order dated 12.8.1991 dismissed the said revision of the appellant without assigning any reason. The relevant portion of the said order reads-

(3.) After the disposal of the above writ petitions, the Commissioner of Endowments in turn directed the Executive Officer, Sri Bhramamba Mallikarjunaswamy Devasthanam, Srisailam to call for objections from the affected persons. The Executive Officer, accordingly served notices on M/s Sarabha Reddy and Mr. Venkata Reddy and one K.L. Narasimha Rao. As directed by this Court, M/s Sarabha Reddy and Venkata Reddy, filed objections before the Executive Officer, Sri Bhramamba Mallikarjunaswamy Devasthanam, Srisailam and the same were forwarded to the Government. Mr. S. Venkata Reddy and Mr. K.L. Narasimha Rao have stated in their objections that their promotion to the higher cadre shall be on the basis of seniority-cum-fitness as per G.O. Ms. No. 4 GAD, dated 3.1.1990 and that they were given conditional promotion subject to their passing the prescribed departmental tests within two years, and accordingly they passed the departmental tests within the prescribed period of two years. They also contended that the appellant did not raise any objection either to the provisional seniority list or the final seniority list dated 31.8.1980 as confirmed by the Executive Officer vide order dated 7.6.1981 and that after a lapse of 14 years he filed the revision petition before the Government. Mr. C. Sarabha Reddy, in his objections, contended that in 1987 Act, a review petition does not lie against the orders passed by the Government in appeal and that the review petition filed by the appellant is belated and the appellant did not file any objection to the seniority list issued on 7.6.1981. The Government on consideration of the case of the appellant and the objections filed by M/s Sarabha Reddy, Mr. Venkata Reddy and Mr. K.L. Narasimha Rao, issued the impugned G.O., the operative portion of which reads as follows :