the very appointment of the petitioners as Village Revenue Assistants is in dispute as the respondents contending that the appointment of the petitioners is contrary to the Rules, thereby the respondents addressed a letter to the Chief Commissioner of Land Administration, Andhra Pradesh, Vijayawada inviting certain clarifications, but successfully Chief Commissioner of Land Administration, Andhra Pradesh, Vijayawada avoided to clarify any of the issues while directing the Revenue Department to take action in accordance with the Rules. Till date, no action was taken to find out whether the appointment of the petitioners is in accordance with the rules or in violation of rules. Even according to G.O.Ms.No.13 Revenue (SER.III) Department dated 27.01.2020 certain guidelines were given for promotion of the Village Revenue Assistants as Village Revenue Officers, Grade –II and necessary qualification is prescribed in paragraph No.7 of the said Government Order. = Here, it is not the question of doubtful integrity and the dispute is with regard to appointment of the petitioners in violation of the rules. Therefore, such question of fact has to be examined by the competent authority and this Court cannot undertake such exercise of deciding the appointment of the petitioners is in accordance with the rules or otherwise. At best, this Court can issue a direction to the respondents to enquire into the alleged illegalities in the appointment of the petitioners and if the appointment of the petitioners is in accordance with the law and rules, the case of the petitioners be considered subject to fulfilling other conditions contained in G.O.Ms.No.13 Revenue (SER.III) Department dated 27.01.2020, within four (4) weeks from today.

the very appointment of the petitioners as Village Revenue Assistants is in dispute as the respondents contending that the appointment of the petitioners is contrary to the Rules, thereby the respondents addressed a letter to the Chief Commissioner of Land Administration, Andhra Pradesh, Vijayawada inviting certain clarifications, but successfully Chief Commissioner of Land Administration, Andhra Pradesh, Vijayawada avoided to clarify any of the issues while directing the Revenue Department to take action in accordance with the Rules. Till date, no action was taken to find out whether the appointment of the petitioners is in accordance with the rules or in violation of rules. Even according to G.O.Ms.No.13 Revenue (SER.III) Department dated 27.01.2020 certain guidelines were given for promotion of the Village Revenue Assistants as Village Revenue Officers, Grade –II and necessary qualification is prescribed in paragraph No.7 of the said Government Order. =

Here, it is not the question of doubtful integrity and the dispute is with regard to appointment of the petitioners in violation of the rules. Therefore, such question of fact has to be examined by the competent authority and this Court cannot undertake such exercise of deciding the appointment of the petitioners is in accordance with the rules or otherwise. At best, this Court can issue a direction to the respondents to enquire into the alleged illegalities in the appointment of the petitioners and if the appointment of the petitioners is in accordance with the law and rules, the case of the petitioners be considered subject to fulfilling other conditions contained in G.O.Ms.No.13 Revenue (SER.III) Department dated 27.01.2020, within four (4) weeks from today. 

AP HIGH COURT

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION Nos.01 of 2021 and 25859 of 2020

1) K.Sathipandu,

-VERSES-

1) Government of Andhra Pradesh

COMMON ORDER:

The writ petition No.01 of 2021 is filed under Article 226 of the

Constitution of India seeking the following relief:

“to issue a writ, order or direction particularly one in the nature of Writ

of Mandamus declaring the action of the Respondents in not considering the

claims of the Petitioners for promotion for the post of Village Revenue Officers

Grade-II as per the placement in the seniority list dated 04.02.2020 is illegal,

arbitrary and violation of Article 14, 16, 21 of the Constitution of India. The

petitioners further pray that they are entitled to promotion to the post of

Village Revenue Officers Grade-II as per the placement in the seniority list

dated 04.02.2020 with all consequential benefits on par with their juniors

and pass such other order or orders as this Hon’ble Court may deem fit and

proper in the circumstances of the case”.

The writ petition No.25859 of 2020 is filed under Article 226 of

the Constitution of India seeking the following relief:

“to issue a writ, order or direction particularly one in the nature of Writ

of Mandamus declaring the action of the Respondents in not considering the

claims of the Petitioners for promotion for the post of Village Revenue Officers

Grade-II as per the placement in the seniority list dated 04.02.2020 is illegal,

arbitrary and violation of Article 14, 16, 21 of the Constitution of India. The

petitioners further pray that they are entitled to promotion to the post of

Village Revenue Officers Grade-II as per the placement in the seniority list

dated 04.02.2020 with all consequential benefits on par with their juniors

and pass such other order or orders as this Hon’ble Court may deem fit and

proper in the circumstances of the case”.

 Since the relief claimed in both the petitions is identical,

it is expedient to decide both the writ petitions by common order.

 The petitioners were appointed as Village Revenue Assistants

(VRAs) in West Godavari District under the jurisdiction of respondent

Nos.3 and 4. Ever since, their appointment till date, they have been

discharging their duties with utmost devotion and dedication,

without any complaint from any one.

 The village servants are being paid very low amount.

Subsequently, when it is sought to regularize their services by paying 

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Rs.1,180/- plus Rs.50/- D.A., they are being paid honorarium and

were never paid pay scales. In view of the arduous nature of work

and also very low emoluments, normally the Village Revenue

Assistants posts are being filled on compassionate appointment and

also by giving preference to the family members whose

parents/family members are related since they would be acquainted

with the nature of duties. Subsequently, the honorarium is being

increased from time to time i.e. Rs.5,000/- and presently the

petitioners are being paid Rs.10,500/- plus Rs.300/- D.A. plus

Rs.100/- T.A. per month.

 It is further contended that out of 75 Village Revenue

Assistants, who are included in the provisional seniority list dated

04.02.2020 at appropriate place, respondent No.3 has promoted

nearly 30 candidates along with all other candidates and promotions

are given to 415 candidates including several persons who are

juniors to the petitioners vide Ref.No.A1/251/2019 dated

25.06.2020. Whereas, the case of the petitioners is totally ignored by

the respondents, such denial of promotion to the petitioners is illegal

and arbitrary, requested to issue a direction.

 Respondents filed counter mainly contending that the very

appointment of the petitioners is irregular and it is pending for

taking action by the concerned authorities. Unless the action is

taken in accordance with law, in terms of the directions issued by

the Chief Commissioner of Land Administration, Vijayawada, the

petitioners cannot be promoted to next higher cadre, requested to

dismiss the writ petitions.

 During hearing, learned counsel for the petitioners has drawn

the attention of this Court to G.O.Ms.No.13 Revenue (SER.III)

Department dated 27.01.2020 and requested to consider the case of 

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the petitioners with reference to said Government Order and

clarification issued by the Chief Commissioner of Land

Administration, Vijayawada in Ref.No.Ser.IV(2)/160/2020-1 dated

29.09.2020, requested to issue a direction for promoting the

petitioners as Village Revenue Officers Grade-II.

 Learned Government Pleader for Services – I reiterated the

contentions urged in the counter and contended that the very

appointment of the petitioners is in dispute, unless action is taken in

accordance with law, in terms of the directions issued by the Chief

Commissioner of Land Administration, Vijayawada, the petitioners

cannot be promoted to next higher cadre, requested to dismiss the

writ petitions.

 As seen from the rival contentions, the very appointment of the

petitioners as Village Revenue Assistants is in dispute as the

respondents contending that the appointment of the petitioners is

contrary to the Rules, thereby the respondents addressed a letter to

the Chief Commissioner of Land Administration, Andhra Pradesh,

Vijayawada inviting certain clarifications, but successfully Chief

Commissioner of Land Administration, Andhra Pradesh, Vijayawada

avoided to clarify any of the issues while directing the Revenue

Department to take action in accordance with the Rules. Till date, no

action was taken to find out whether the appointment of the

petitioners is in accordance with the rules or in violation of rules.

Even according to G.O.Ms.No.13 Revenue (SER.III) Department dated

27.01.2020 certain guidelines were given for promotion of the Village

Revenue Assistants as Village Revenue Officers, Grade –II and

necessary qualification is prescribed in paragraph No.7 of the said

Government Order. 

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 Learned counsel for the petitioners requested to issue a

direction to follow the procedure prescribed in paragraph No.7 of

G.O.Ms.No.13 Revenue (SER.III) Department dated 27.01.2020 and

specifically drawn the attention of this Court to clause (ix) of

paragraph No.7 of the said Government Order, where the District

Collector reserves right to reject the promotion of any candidate with

doubtful integrity and whose performance as Village Revenue

Assistant is not satisfactory or any disciplinary case is pending. No

doubt, a right is vested with the District Collector to reject the

candidature of any candidate, if his/her integrity is doubtful etc.

 Here, it is not the question of doubtful integrity and the

dispute is with regard to appointment of the petitioners in violation

of the rules. Therefore, such question of fact has to be examined by

the competent authority and this Court cannot undertake such

exercise of deciding the appointment of the petitioners is in

accordance with the rules or otherwise. At best, this Court can issue

a direction to the respondents to enquire into the alleged illegalities

in the appointment of the petitioners and if the appointment of the

petitioners is in accordance with the law and rules, the case of the

petitioners be considered subject to fulfilling other conditions

contained in G.O.Ms.No.13 Revenue (SER.III) Department dated

27.01.2020, within four (4) weeks from today.

 With the above direction, the writ petition is disposed of. No

costs.

The miscellaneous petitions pending, if any, shall also stand

closed.

_________________________________________

JUSTICE M. SATYANARAYANA MURTHY

08.02.2021

Ksp