Y.HEMA DURGAMBA Vs. STATE OF A.P.

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India

(2.) The case of the petitioner herein is that she was initially appointed as Junior Assistant, thereafter she was promoted as Senior Assistant in the year 2012 and finally she was promoted to the cadre of Superintendent in the year 2017 and she is presently working in the cadre of Superintendent in the 3rd respondent Devasthanam.The 4th respondent was initially appointed as Receptionist on NMR basis and thereafter she was permitted to be regularized as receptionist as per the proceedings of the 2nd respondent in D.Dis No.A1/12309/05 dtd. 30/4/2005. Basing on the said proceedings, the then Executive Officer has issued proceedings in Rc.No.A1/6158/2004, dtd. 6/5/2005 regularizing the services of the 4threspondent as receptionist. Thereafter, the then Executive Officer has cancelled the 4th respondent regularization in the cadre of Receptionist basing on the G.O. Ms.1422, dtd. 25/7/2005 and basing on the note orders of the then Commissioner dtd. 23/12/2005 vide proceedings dtd. 30/12/2005.Aggrieved by the same,the 4threspondent filedW.P. No.3719 of 2006 before this Court seeking continuation on regular basis and the said writ petition was allowed on 24/8/2017. Thereafter the 4th respondent has not submitted any applications or filed any appeals seeking conversion of Receptionist post as Junior Asst. or equivalent post as per Annexure III of G.O.Ms.No.888 because there is no post of receptionist in the said rules. As such she continued as Receptionist. The main grievance of the petitioner is that a final seniority list of Junior Assistants wasprepared on 15/2/2012 including the name of the 4threspondent. The petitioner along with other Junior Assistants have submitted objections that there is no receptionist post in the cadre strength or in the rules and she was not converted from receptionist to Junior Asst., as such she is not eligible for promotion to the post of the Senior Assistant. The objections were rightly considered and final seniority list was approved, thereafter promotions were also issued excluding the 4threspondent. Later, in the year 2018, again the seniority list was prepared and objections were submitted stating that the 4threspondent was appointed as receptionist only in the time scale of Junior Assistant, but her duties are not that of Junior Assistant. As such her claim was rejected by the then Executive Officer in Memo in Rc. No.Al/3474/2016 dtd. 12/7/2018. This order was not challenged by the 4threspondent, neither she has obtained any orders to consider her case as Junior Assistant from the date of initial appointment in W.P. No.3719 of 2006 dtd. 24/8/2017. By the time,when the rejection proceedings dtd. 12/7/2018 were passed, the 4th respondent was having knowledge of the final orders passed in W.P. No.3719 of 2006, still she did not choose to challenge the rejection order dtd. 12/7/2018 and the same has become final. It is further stated that, after a lapse of 9 years, now the 2ndrespondent without application of mind, without properly verifying the records, without properly verifying the rule position has issued the impugned proceedings dtd. 23/7/2021 to consider the case of the 4th respondent for promotion as per the seniority list dtd. 15/2/2012. Basing on the same, the 3rd respondent has issued proceedings reviewing the rejection dated 12-07- 2018 orders passed by her predecessors as long as back in the year 2018 without any jurisdiction. Challenging the proceedings of the respondents No.2 and 3, the present writ petition is filed.

(3.) Counter affidavit has been filed by the respondent No.3. While denying the allegations made in the petition, inter alia, contended that the writ petitioner without exhausting alternative remedies without following procedure under the provisions of the A.P. Act 30 of 1987 got filed the present writ petition which is not maintainable in the eye of Law. Hence, the petition is liable to dismissed in limini.It is stated that the petitioner filed the present writ petition is filed challenging the action of the 2ndrespondent in issuing Proceedings in Rc.No.A1/11026(34)/2020, dtd. 23/7/2021 allowing the claim of the 4threspondent to treat her as Junior Assistant w.e.f. the date of her initial appointment and to extend consequential promotions on par with juniors w.e.f. 15/2/2012. The petitioner was initially appointed as Junior Assistant in the year 2006 on compassionate grounds and later promoted to the next higher cadres from time to time and presently working as Superintendent in the 3rdrespondent Devasthanam. Further stated that as per the orders of the 2ndrespondent in D.Dis.No.A1/12309/2005, dt.30/4/2005 the services of the