ORDER : 1. The petitioner who claims to be appointed as Junior Assistant in the 2nd respondent group of temples on 01.04.1986, filed this writ petition questioning the impugned proceedings dated 10.04.2014 passed by the Deputy Commissioner (s) wherein and whereby his representation dated 29.01.2014 to appoint him as Executive Officer Grade-III of the 2nd respondent group of temples by transfer of service was considered as per the orders passed by this Court in W.P.No.35316 of 2013 dated 05.12.2013 and was rejected. Being aggrieved by the said impugned rejection order, the present writ petition is filed. 2. Brief facts of the case are that the petitioner in fact, initially was appointed in 2nd respondent group of temples on 01.04.1986 as Junior Assistant. The pay scales for Government employees were revised in the year 1993 and the same is adopted for the employees of the temples. However, while fixing the petitioner’s pay scale, the pay scale applicable to Record Assistant was fixed instead of the pay scale attached to the post of Junior Assistant. Aggrieved by the same, the petitioner filed the Writ Petition No.14065 of 2005 and after the respondents have contested the matter, the same was allowed by Order dated 30.03.2010 directing fixation of pay scale as applicable to the post of Junior Assistant. In compliance of the direction passed by this Honourable Court, the Respondent No.2, vide R.C.No.Nil of 2010, dated 25.08.2010 and 27.08.2010 implemented the order. But as per the orders passed by this Court in W.P.No.14065 of 2005, dated 03.03.2010, the pay scales of the Junior Assistant was extended by the Executive Officer of the 2nd respondent group of temples, vide proceedings R.C No.Nil of 2010, dated 25.08.2010. The petitioner claimed promotion to the post of Executive Officer Grade-III, as he was fully eligible and qualified. The post of the Executive Officer Grade-III falls under the Category-3 of Class-I under Rule-2 from the post of Junior Assistant by relaxing the passing of (Account Test for Subordinate Officers) as per Rule 4 and Rule 14 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Subordinate Services Rules, 2002 (Non Gazetted) Rules framed vide G.O.Ms.No.262, Revenue (Endowments) dated 20.05.2002. The method of appointment for the post of Executive Officer, Grade-III is prescribed in Rule-3 as (1) by direct recruitment and (2) by transfer from category of Junior Assistants of Andhra Pradesh Ministerial Services in the Endowment Department and Junior Assistants working in the institutions published under Section 6(a), (b), (c) and (d) of the Act other than Regional Joint Commissioner and Deputy Commissioner cadre institution. Rule 5 prescribes the qualifications which contemplates that for appointment by transfer to the post of Executive Officer Grade-III, a person must have passed (a) the Account Test for Subordinate Officers Part I and (b) Endowment Department Test Paper-I and II (Act and Rules). The petitioner had passed the Endowment Department Test Paper-I and II during the year 2011. However, he did not pass the Account Test for Subordinate Officers Part I. The Government of Andhra Pradesh issued G.O.Ms.No.225, dated 18.05.1999 framing an ad-hoc rule whereby persons who have completed 45 years age are exempted from passing the departmental test. Subsequently, the Government vide G.O.Ms.No.647, dated 06.05.2008 inserted Rule-14 to the rules making the ad-hoc rule framed vide G.O.Ms.No.225, dated 18.05.1999 applicable to the temple employees as well. Therefore, the petitioner is fully eligible and qualified for the appointment as Executive Officer Grade-III, in terms of the extant rules as he have crossed the age of 45 years and as he did not even promoted at least once from the date of his appointment. As such, he made representation to the Respondent Nos.3 and 4 which were received by them on 09.07.2012 and 07.07.2012 respectively, pleading with the respondent Nos.3 and 4 to appoint him as the Executive Officer Grade-III duly relaxing requirement of passing the departmental test. As the respondent Nos.3 and 4 have not passed any Orders on his representation dated 07.07.2012, he was constrained to file W.P.No.35316 of 2013 seeking a direction to dispose of his representation and the same was disposed of on 05.12.2013 directing the respondents to pass appropriate Orders on his representation dated 07.07.2012. In pursuance to the Order passed by this Court, the Respondent No.3, vide proceedings No.D1/6000/2014, dated 10.04.2014 was pleased to reject his representation and the same was communicated to him on 26.04.2014. Hence, the present Writ Petition is filed. 3. In pursuance to the Order passed by this Court, the Respondent No.3, vide proceedings No.D1/6000/2014, dated 10.04.2014 was pleased to reject his representation and the same was communicated to him on 26.04.2014. Hence, the present Writ Petition is filed. 3. As per the averments of the Counter filed by the Commissioner, Endowments Department, Andhra Pradesh, Gollapudi, Vijayawada, the Executive Officers, Grade-I, Grade-II and Grade-III posts are governed by Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Service Rules, 2002. The method of appointment stipulated under these rules for Executive Officer, Grade-III is by way of Direct Recruitment and by transfer of service from the category of Junior Assistants working in 6(a), 6(b) and 6(c) institutions (other than Joint Commissioner and Deputy Commissioner institutions). Junior Assistants working in the Endowments Department. The qualifications prescribed as per Rule 5 of the Rules 2002, 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 column (4) thereof, a) must have passed Account Test for Subordinate Officers, b) Endowments Department Test paper-I (Act) and c) Endowments Department Test Paper-II (Rules). Admittedly the petitioner has passed Departmental Test Papers-I & II in the year, 2011 and he has not passed Account Test for Subordinate Officers, hence petitioner was not eligible to be appointed as Executive Officer, Grade-III by transfer from the post of Junior Assistant. The petitioner claimed the exemption of passing of Account Test for Subordinate Officers, claiming that he crossed 45 years and he is entitled for exemption of passing of the test. 4. The Counter further states that petitioner took promotion from the cadre of Record Assistant to the cadre of Junior Assistant and further states that the appointment by transfer is not a promotion to the next higher post, as the post of Executive Officer, Grade-III and Junior Assistant are equal posts as both posts carry equal scale of pay. As such the transfer of service from Temple Junior Assistant to Executive Officer, Grade-III do not involve any permission as it is only transfer of service and the petitioner’s claim for promotion was rejected by the impugned proceedings. 5. As such the transfer of service from Temple Junior Assistant to Executive Officer, Grade-III do not involve any permission as it is only transfer of service and the petitioner’s claim for promotion was rejected by the impugned proceedings. 5. Learned Counsel for the Petitioner submits that as per the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Subordinate Service Rules, 2002, as per Rule 3 method of appointment and appointing period, the Executive Officer, Grade-III is by direct recruitment and by transfer from the category of Junior Assistants of Andhra Pradesh Ministerial Service in the Endowments Department and Junior Assistants working in the institutions published under Section 6 (a), (b), (c) and (d) of the Act other than Regional Joint Commissioner and the Deputy Commissioner cadre Institutions. Rule 5 deals with the qualifications, Rule 10 deals with the tests to be passed and Rule 14 deals with the exemptions from passing Departmental Tests, such as the provisions of Adhoc Rules issued in G.O.Ms.No.225, General Administration (Ser.C) Department, dated 18.05.1999 under the proviso of Article 309 of the Constitution of India as amended from time to time shall be applicable. Also Rule 14 is amended by G.O.Ms.No.647, dated 06.05.2008, the amendment reads "Rule 14. The Provisions of Adhoc rules issued in G.O.Ms.No.225, General Administration (Ser.C) Department, dated 18.05.1999 under the proviso to Article 309 of the Constitution of India is amended from time to time shall be applicable. 6. As per the G.O.Ms.No.225, dated 18.05.1999, the policy of the Government enunciated in the adhoc rule, is to exempt the employees from passing of the Departmental Tests/Special Tests, in respect of those who crossed 45 years of age, for the purpose of promotion/appointment by transfer to the immediate next higher post, above the one held by the employee if the employee could not pass the same. This concession was to consider for the employee for only one promotion after initial appointment to public service, taking into consideration the fact that the individual in spite of his or her best efforts to qualify himself or herself, could not pass the same owing any personal reasons. This concession was to consider for the employee for only one promotion after initial appointment to public service, taking into consideration the fact that the individual in spite of his or her best efforts to qualify himself or herself, could not pass the same owing any personal reasons. If they could not get even one promotion after their initial appointment provided that the persons who already get a promotion once where no tests was prescribed by a higher post, the exemption is not applicable to him or her, if he was to be considered for further promotion to the next higher category where tests are prescribed. 7. Learned Government Pleader for Endowments appearing for the 1, 3 and 4 respondents states that the petitioner was already retired from service on attaining the age of superannuation on 30.09.2016 and the petitioner was originally appointed as a Record Assistant on 01.04.1986 and he was given the pay scale attached to the post of Junior Assistant as per the orders passed by this Court on 03.03.2010 in W.P.No.1465 of 2005 on the Executive Officer vide proceedings dated 23.08.2010. Further he is seeking an appointment to the post of Executive Officer Grade-III by appointment or transfer from the Junior Assistant. He says that the post of Executive Officer Grade III and Junior Assistant post are equivalent posts and both carry the full scale of pay. Hence, the same could not be said as promotion and he should be appointed as a Grade III Executive Officer by extending the exemption of passing of the tests. As such, the Government Order do not apply to the petitioner that Temple service is not a Government service. The petitioner is working in the second respondent group of temples as Junior Assistant. In fact, the writ petition has become infructuous as he retired on superannuation. They could not be appointed as Executive Officer Grade III respectively. 8. As such, the Government Order do not apply to the petitioner that Temple service is not a Government service. The petitioner is working in the second respondent group of temples as Junior Assistant. In fact, the writ petition has become infructuous as he retired on superannuation. They could not be appointed as Executive Officer Grade III respectively. 8. Having regard to the facts and circumstances of the case and submissions of the counsel and perusal of the record, this Court found that initially the petitioner was appointed as a Record Assistant on 01.04.1986 in the 2nd respondent group of temples as per the Orders passed in W.P.No.14065 of 2005, dated 03.03.2010, Junior Assistant scale was extended to the petitioner by proceedings dated 25.08.2010 of Executive Officer of the temples and petitioner is seeking to appoint him as Executive Officer Grade-III, by way of transfer of service from the category of Junior Assistant. Posts of Executive Officer Grade-III and Junior Assistant were equivalent posts. Although posts carry equal scale of pay, even if the petitioner is appointed as Executive Officer Grade-III by transfer of service from the category of Junior Assistant, it is not a promotion to grant any exemption of passing of the required posts in particular accounts posts for Subordinate officers, as per the rules of 2002, it is not applicable for any exemption of passing of tests as he crossed the age of 45. Hence, he is not qualified to be appointed as Executive Officer Grade-III by transfer. The Petitioner was also retired from service on attaining the age of superannuation from 03.09.2015. 9. In view of the above discussion, the writ petition is devoid of merits and liable to be dismissed. Accordingly, the writ petition is dismissed. No order as to costs. 10. As a sequel to the dismissal of the writ petition, all miscellaneous applications pending, if any, are stands dismissed.