ORDER : 1. This writ petition is filed under Article 226 of Constitution of India for the following relief: “.........to issue writ or order more particularly one in the nature of writ of MANDAMUS by directing the 2nd respondent to include the name of the petitioner in the eligibility candidates list for promotion to the post of Senior Assistant in Zone-IV in the counseling in terms of GO Ms No 225 GA Ser C Department dated 18.5.1999 by declaring the action of the 2nd respondent in denying the same though the petitioner stood at S No 5 in the Final Seniority List dated 20.12.2020 communicated by the 2nd respondent as illegal arbitrary and violative of Article 14 and 16 of the Constitution of India and also contrary to the guidelines issued in GO Ms No 225 GA (Ser C) Department dated 18.5. 1999 and consequently declare that the petitioner is entitle for promotion as Senior Assistant in Zone-IV as per his seniority with all consequential notional benefits and to pass.” 2. The grievance of the petitioner is that initially he was appointed to the post Guardsmen on 17.11.1990 in the erstwhile Telugu Ganga Project. Later on abolition of the project, he was given appointment in A.P. Vaidya Vidhana Parishad as Junior Assistant on 1.11.2001 in Kadapa District and working as such at the present place since 2016. The 2nd respondent on 13.10.2020 communicated the final seniority list of Junior Assistants/Typists of Zone-IV. According to the said list, the petitioner was shown at S. No. 7. Further revised final seniority list was published on 20.12.2020 and then he was shown at S. No. 5. According to the said list, the petitioner is fully eligible and qualified to hold the post of Senior Assistant in Zone-IV. The Government issued G.O.Ms. No. 225 dated 18.5.1999, exempting passing the tests prescribed in the Special Rules in respect of employees who crossed 45 years of age for the purpose of promotion to the next higher categories on promotion or on appointment by transfer involving promotion to a post above the one held by him or her, if they could not get even one promotion after their initial appointment. In the present case, since, 2001, the petitioner is being continued as Junior Assistant and he did not get single promotion in the present or in the past service rendered at Telugu Ganga Project. In the present case, since, 2001, the petitioner is being continued as Junior Assistant and he did not get single promotion in the present or in the past service rendered at Telugu Ganga Project. Thus in view of the benefit extended by the Government in G.O.Ms. No. 225 dated 18.5.1999 the petitioner is entitled to get promotion as Senior Assistant. But all of a sudden on 31.3.2021, the 2nd respondent published list of candidates to attend for counseling to be held on 1.4.2021 or on 3.4.2021 through online for promotion to the post of Senior Assistants in Zone-IV. In the said list, the petitioner’s name is not found. Total 32 candidates were called for counseling and his name was not found in the list. Immediately the petitioner enquired with the office of the 2nd respondent and he was informed orally that his case is not considered on account of not passing the Departmental Tests. Hence, the present writ petition came to be filed. 3. This Court, vide order dated 01.04.2021 has “directed the 2nd respondent to keep one post of Senior Assistant Vacant.” 4. Counter affidavit has been filed by the respondents inter alia contended that the writ petitioner has filed the present writ petition seeking the relief of exemption from passing department tests as per the G.O.Ms. No. 225, dated 18.05.1999, on the ground that he is eligible for the benefit of the said G.O. which has granted the said exemption. It is stated that the writ petitioner was initially appointed as Guardsmen in Class-IV services with effect from 17.11.1990. It is further stated that the writ petitioner was recruited by transfer as Junior Assistant at Area Hospital, Pulivendala, Kadapa District and has joined as such, with effect from 01.11.2001 and in the present writ petition the writ petitioner is seeking further promotion as Senior Assistant. It is stated that the Hon'ble High Court, A.P. issued directions to the 2nd Respondent i.e. the Commissioner, APVVP, Vijayawada to keep one post of Senior Assistant in Zone. IV is vacant, vide orders issued in W.P. No. 7701 of 2021, dated: 01.04.2021. It is stated that one post of Senior Assistant in Zone. IV is kept vacant, as per the directions of the Hon'ble High Court, A.P. Amaravathi. It is stated that provisions of the G.O.Ms. IV is vacant, vide orders issued in W.P. No. 7701 of 2021, dated: 01.04.2021. It is stated that one post of Senior Assistant in Zone. IV is kept vacant, as per the directions of the Hon'ble High Court, A.P. Amaravathi. It is stated that provisions of the G.O.Ms. No. 225 dated 18.05.1999 has been considered by the Hon'ble High Court in the Judgment reported in Govt. of A.P. Legal Affairs, Law (N) vs. M. Venkaeswarlu, Govt. Pleaders, dated 18.07.2007 and this Hon'ble Court has held that the aforesaid benefit would only apply to one promotion following the initial appointment. It is stated that in view of the fact that the writ petitioner was already appointed by transfer as a Junior Assistant from Class -IV services. The writ petitioner is not eligible for exemption from passing the department test. Thus new petitioner is not entitled for the provisions contained in G.O.Ms. No. 225, dated 18.05.1999, as per the law laid down by this Hon'ble Court. Hence in view of the above stated facts and circumstances, prayed to dismiss the Writ Petition. 5. Heard Sri V. Ramesh, learned counsel appearing for the petitioner and learned Assistant Government Pleader for Medical Health & Family welfare appearing for the respondents. 6. Perused the material on record. 7. On a perusal of the material on record, this Court observed that, the petitioner is working as Junior Assistant in the 1st respondent-hospital since 01.11.2001 in Kadapa District and working as such at the present place since 2016. It is the contention of the petitioner that, on 13.10.2020, the 2nd respondent has communicated the final seniority list of Junior Assistants/ Typists of Zone-IV and the petitioner was shown at S. No. 7 and in the revised final seniority list was published on 20.12.2020, wherein he was shown at S. No. 5 on 13.10.2020. It is the further contention of the petitioner that though the petitioner is fully eligible and qualified to hold the post of Senior Assistant in Zone-IV, in view of the benefit extended by the Government in G.O.Ms. No. 225 dated 18.05.1999, the respondents has not considered his case. 8. As seen from G.O.Ms. It is the further contention of the petitioner that though the petitioner is fully eligible and qualified to hold the post of Senior Assistant in Zone-IV, in view of the benefit extended by the Government in G.O.Ms. No. 225 dated 18.05.1999, the respondents has not considered his case. 8. As seen from G.O.Ms. No. 225 dated 18.05.1999, notwithstanding anything contained in the A.P. State and Subordinate Service Rules, the Government employees who have crossed 45 years of age, shall be exempted from passing the departmental tests prescribed in the special rules or in or the ad-hoc rules for the purpose of promotion to the next higher category i.e. promotion or appointment by transfer involving promotion to a post above the one held by him/her, if they could not get even one promotion after their initial appointment. 9. Having regard to the facts and circumstances of the case, it is observed that, the petitioner has already crossed 45 years of age. As per G.O.Ms. No. 225 dated 18.5.1999, the Government employees who have crossed 45 years of age, shall be exempted from passing the departmental tests prescribed in the special rules or in or the ad-hoc rules for the promotion to the next higher category. So, in view of the same, as this Court has already directed the 2nd respondent to keep one post of Senior Assistant Vacant, this Court is inclined to dispose of the present writ petition with the following directions: (i) The 2nd respondent is directed to include the name of the petitioner in the eligibility candidates list for promotion to the post of Senior Assistant in Zone-IV in terms of G.O.Ms. No. 225, dated 18.5.1999. (ii) If already promotions were given to others, the 2nd respondent is directed to consider the case of the petitioner for promotion as Senior Assistant in Zone-IV as per his seniority, in view of the interim order of this Court dated 01.04.2021. (iii) Further, the respondents concerned are directed to pay all consequential notional benefits from the date of his promotion. The entire exercise shall be completed within a period of eight (08) weeks from the date of receipt of a copy of this order. 10. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. 11. As a sequel, all the pending miscellaneous applications shall stand closed.