ORDER : Pulla Karthik, J. This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “…to declare the action of the 1st Respondent in not preparing the common seniority list of Senior Assistants/Senior Technical Assistants (Finance) and Senior Technical Assistants (Administration) and proceeding with the promotions to the posts of Superintendents, ignoring the seniority of the Petitioners as illegal, arbitrary, unjust and violative of Article 14 & 16 of the Constitution of India and consequentially, direct the Respondents to prepare a common seniority list of Senior Assistants, Senior Technical Assistants (Finance) and Senior Technical Assistants (Administration) as was done by the Parent University (YSRHU, AP) vide Letter.No.6056/H&S/Horti/A1/2011 dt:04.02.2020 and Circular Memo No.1570/Ser(NT)/2020 dt:28.02.2020 and regulations made by the State of A.P., vide G.O.Ms.No.72, Agriculture & Cooperation (H & S) dt:22.12.2023 and further direct the Respondents to promote all petitioners to the post of Superintendent form the date of their eligibility and seniority, with all service and monetary benefits and to pass…” 2. Heard Sri M. Vijay Kumar, learned Senior Counsel, representing Sri Poodattu Amarender, learned counsel for the petitioners, and Sri G. Vidya Sagar, learned Senior Counsel, representing Ms. K. Udaya Sri, learned Standing Counsel for respondent No.1. 3. Learned Senior Counsel for the petitioners submitted that a recruitment Notification vide Advt.No.6/RC/2009 dated 16.12.2009, was issued by the erstwhile Andhra Pradesh Horticulture University, inviting applications for various posts, including Senior Technical Assistants (STA) Finance and Senior Technical Assistants (STA) Administration. The said Notification was published in respect of (8) posts of STAs, i.e., (4) STA Finance and (4) STA Administration, and the same was clarified by way of a Corrigendum dated 16.03.2010, holding that both the posts would fall under the common category of Senior Assistants, for all purposes. Accordingly, in pursuance of the said Notification, the petitioners were appointed as STAs and joined duty on 21.10.2010 and 25.10.2010, respectively, and they have been discharging their duties with utmost dedication and devotion. It was submitted that the services of the petitioners were regulated by Dr. Y.S.R. Horticulture University – Officers (other than University Officers) Service Regulations, 2011, which stipulates that the post of Superintendent (Category-I) shall be filled in by promotion from a common seniority list of Senior Assistants/STA Administration/STA Finance in the Administrative Office/Research Stations/Colleges/ Polytechnics, after passing the Accounts Test for Sub-Ordinate Officers Part-I and Part-II.
Y.S.R. Horticulture University – Officers (other than University Officers) Service Regulations, 2011, which stipulates that the post of Superintendent (Category-I) shall be filled in by promotion from a common seniority list of Senior Assistants/STA Administration/STA Finance in the Administrative Office/Research Stations/Colleges/ Polytechnics, after passing the Accounts Test for Sub-Ordinate Officers Part-I and Part-II. It was submitted that the petitioners, whose services were regularized by the date of their appointment, vide proceedings dated 05.06.2013, are fully qualified and eligible for promotion to the post of Superintendent. 4. It was further submitted that prior to the aforesaid recruitment notification, the Government had sanctioned several teaching and non-teaching posts, including (53) posts of Senior Assistants vide G.O.Ms.No.64 dated 25.02.2009. However, on 23.01.2013, a tentative seniority list of Senior Assistants was prepared, without preparing a seniority list for common categories. As such, the petitioners filed W.P.No.3032 of 2013, which was disposed of vide order dated 04.02.2013, holding that the creation of STA posts is under consideration and that the promotion stage has not come. Thereafter, the Government issued orders vide G.O.Rt.No.418 dated 01.03.2013, ratifying the action of the Board of Management of A.P. Horticulture University, in converting the (8) posts of Senior Assistants into STAs. It was further submitted that a separate seniority list of STAs was prepared on 30.04.2014, without including the Senior Assistants. Therefore, the petitioners raised their objections in the light of the ratification orders. However, no action was taken up by the respondents. 5. It was further submitted that after the bifurcation of the erstwhile State of Andhra Pradesh in 2014, the Andhra Pradesh Horticulture University (as was re-named as Dr. Y.S.R. Horticulture University) was also bifurcated, and the Government of Telangana issued G.O.Ms.No.31 dated 22.12.2014 adopting Dr. Y.S.R. Horticulture University Act (Act No.30 of 2007), with certain modifications and amendments, and issued G.O.Ms.No.32 dated 22.12.2014, establishing the new Sri Konda Laxman Telangana State Horticulture University. It was further submitted that the petitioners submitted their representations dated 01.02.2017, 07.04.2017 and 11.04.2017, requesting respondent No.1 to effect promotions after finalizing the common seniority list. However, without considering the said representations and without preparing a common seniority list of Senior Assistants/STAs, temporary promotions to the post of Superintendents were effected vide proceedings dated 19.04.2017. It was submitted that the case of one Smt. R. Deepa Rani, appointed as Senior Assistant on 18.01.2011, was considered for promotion, ignoring the seniority of the petitioners.
However, without considering the said representations and without preparing a common seniority list of Senior Assistants/STAs, temporary promotions to the post of Superintendents were effected vide proceedings dated 19.04.2017. It was submitted that the case of one Smt. R. Deepa Rani, appointed as Senior Assistant on 18.01.2011, was considered for promotion, ignoring the seniority of the petitioners. However, since the said promotions were temporary, they could not be challenged before this Court. Thereafter, the petitioners made several representations, including the representations dated 11.02.2020 and 09.11.2022. However, no response was elicited from the respondents. 6. It was further submitted that the Special Chief Secretary to Government, Andhra Pradesh, addressed a letter dated 04.02.2020, to the Registrar, Dr. Y.S.R. Horticulture University, VR Gudem, West Godavari District, inviting his attention to G.O.Rt.No.418 dated 01.03.2013, and requested to take necessary action for maintaining a combined seniority list of Senior Assistants and STAs. Accordingly, in pursuance thereof, a combined tentative seniority list of Senior Assistants and STAs was also prepared vide Memo dated 28.02.2020, wherein, the petitioners were shown at Sl.Nos.27 and 28, respectively, while the aforesaid Smt. R. Deepa Rani was shown at Sl.No.36. Thereafter, the Government of Andhra Pradesh vide G.O.Ms.No.72 dated 22.12.2023, issued statutory regulations of non-teaching employees, according to which, the post of Senior Assistant and Senior Technical Assistant fall under the same category, i.e., Category-II, and they are the feeder categories for promotion to the post of Superintendent (Category-I), from a common seniority list. However, aggrieved by the same, the Senior Assistants filed W.P.No.4049 of 2020 before the High Court of Andhra Pradesh, challenging the letter dated 04.02.2020 for maintaining the combined seniority list of Senior Assistants and Senior Technical Assistants, and the said writ petition was disposed of, directing the respondents therein to fill up the posts of Superintendents with the available Senior Assistants considering the seniority list dated 01.05.2017, and the leftover vacancies to be filled up with the STAs. Assailing the said order, the affected STAs filed W.A.Nos.960 and 965 of 2024 before the Division Bench, and the impugned order therein was suspended vide order dated 27.11.2024. As such, the preparation and maintenance of the combined seniority list for both the categories is mandatory as per the Statutory Regulations of the University. 7.
Assailing the said order, the affected STAs filed W.A.Nos.960 and 965 of 2024 before the Division Bench, and the impugned order therein was suspended vide order dated 27.11.2024. As such, the preparation and maintenance of the combined seniority list for both the categories is mandatory as per the Statutory Regulations of the University. 7. It was further submitted that despite the above scenario, respondent No.1 herein has not prepared a combined seniority list of STAs and Senior Assistants till date, and continued to effect temporary promotions on 18.04.2023 and 24.09.2024, ignoring the seniority of the petitioners. Therefore, the petitioners submitted their fresh representations dated 05.12.2024 and 23.12.2024, requesting the prepetition of a common seniority list of STAs and Senior Assistants, and to consider their case for promotion to the post of Superintendent. However, without considering the said representations, respondent No.1 is effecting promotions of several juniors to the petitioners, while ignoring their seniority, which is highly illegal, arbitrary, unjust, and violative of Articles 14 and 16 of the Constitution of India. Therefore, learned Senior Counsel prays this Court to allow the present writ petition by issuing necessary directions to the respondents. 8. Per contra, learned Senior Counsel appearing on behalf of respondent No.2 submitted that consequent upon the reorganization of the State of Andhra Pradesh, the Government of Telangana duly adopted Dr. Y.S.R. Horticulture University Act (Act No.30 of 2007), in terms of Section 101 of the Andhra Pradesh Reorganization Act, 2014, vide G.O.Ms.No.31 dated 22.12.2014. Pursuant to the same, Sri Konda Laxman Telangana State Horticulture University (SKLTSHU) was established vide G.O.Ms.No.32 dated 22.12.2014, with its headquarters at Rajendranagar, Hyderabad. Thereafter, in exercise of the powers conferred under Section 75 of the Andhra Pradesh Reorganization Act, 2014, the Government notified Dr. Y.S.R. Horticulture University for inclusion under Schedule-X of the said Act. It was submitted that Section 82 of the Andhra Pradesh Reorganization Act provided that the employees of the autonomous bodies shall continue to function as such for a period of one year, after which, the respective Corporate Bodies were directed to determine the modalities for the allocation of personnel between the successor States. Accordingly, the employees of Dr. Y.S.R. Horticulture University, including the petitioners herein, were allocated to the respondent University, in a meeting for final distribution convened on 27.04.2018.
Accordingly, the employees of Dr. Y.S.R. Horticulture University, including the petitioners herein, were allocated to the respondent University, in a meeting for final distribution convened on 27.04.2018. As such, the petitioners, whose names were reflected under ‘Senior Technical Assistant (Administration)’ at Sl.Nos.2 and 3, have been working with the respondent University. 9. It was further submitted that in exercise of the powers conferred under Section 29 (2) of Sri Konda Laxman Telangana State Horticulture University Act, 2007, the respondent University issued the Non-Teaching Employees Regulations vide proceedings dated 30.11.2018, wherein, the post of Superintendent is classified under Category-I of the Ministerial Service Regulations, 2014, which shall be filled up by promotion of Senior Assistants in the Administrative Office/ Research Stations/Colleges/Polytechnics from a common seniority list prepared for that purpose, subject to qualifying the requisite Accounts Test for Subordinate Officers Part-I and Part-II. However, the method of appointment to the post of Superintendent does not include the Senior Technical Assistants (Finance and Administration) as feeder category posts. As such, the claim of the petitioners as to preparation of a common seniority list of Senior Assistants and Senior Technical Assistants (Finance and Administration) for promotion to the post of Superintendent, as was done by the parent University, i.e., Dr. Y.S.R. Horticulture University, Andrha Pradesh, vide letter dated 04.02.2020, Circular Memo dated 28.02.2020, and Regulations vide G.O.Ms.No.72 dated 22.12.2023, is wholly misconceived and untenable. Further, consequent upon the bifurcation and formation of the State of Telangana and the establishment of the respondent University, the regulations framed by the Government of Andhra Pradesh have no applicability to the employees working under the respondent University, within the territory of the State of Telangana. 10. It was further submitted that one Smt. R. Deepa Rani, Senior Assistant, was promoted as Superintendent vide proceedings dated 19.04.2017, and only subsequently, the method of recruitment to the post of Superintendent was made under the regulations created in the year 2018. Further, the representations of the petitioners dated 11.02.2020, 09.11.2022, 05.12.2024, and 23.12.2024, also have no merit, since the post of Senior Technical Assistant is not recognized as a feeder category post for promotion to the post of Superintendent in the respondent University. It was further submitted that the Statutory Regulations framed by Dr.
Further, the representations of the petitioners dated 11.02.2020, 09.11.2022, 05.12.2024, and 23.12.2024, also have no merit, since the post of Senior Technical Assistant is not recognized as a feeder category post for promotion to the post of Superintendent in the respondent University. It was further submitted that the Statutory Regulations framed by Dr. Y.S.R. Horticulture University, 1 0 Andhra Pradesh vide G.O.Ms.No.72 dated 22.12.2023, have no applicability to the respondent University, in the light of its separate legal status and statutory framework, after the bifurcation and formation of the State of Telangana. Further, the orders of the High Court of Andhra Pradesh in W.P.No.4049 of 2020, and also W.A.Nos.960 and 965 of 2024, are also neither applicable nor binding upon the respondent University. As such, in terms of the existing Service Regulations of the respondent University, since the Senior Technical Assistant post is not a feeder category for promotion, the Senior Technical Assistants are not entitled to be included along with the Senior Assistants, for promotion to the post of Superintendent in the existing vacancies. Therefore, it was prayed to dismiss the present writ petition. 11. This Court has taken note of the rival submissions advanced by learned counsel for the respective parties and perused the records. 12. A perusal of Dr.Y.S.R. Horticulture University Ministerial Service Regulations, 2011, discloses that the post of Superintendent was categorized under Category-I and the posts of Senior Assistants, Senior Technical Assistant (Finance) and Senior Technical Assistant (Administration), are categorized under Category-II, and the method of appointment to the post of Superintendent is recruitment by promotion of Senior Assistants/Senior Technical Assistants (Finance)/Senior Technical Assistants (Administration) in the Administrative Office/Research Stations/Colleges/Polytechnics from a common seniority list prepared for the purpose and who passed Accounts Test for Subordinate Officers Part-I and Part-II. However, after the bifurcation and formation of the State of Telangana, the respondent University-Sri Konda Laxman Telangana State Horticulture University was constituted out of the erstwhile Dr.Y.S.R. Horticulture University, vide G.O.Ms.Nos.31 and 32, both dated 22.12.2024. 13. It is pertinent to note that the petitioners placed heavy reliance upon the combined seniority list Senior Assistants, Senior Technical Assistant (Finance) and Senior Technical Assistant (Administration), and the Regulations of the parent University, i.e., Dr.Y.S.R. Horticulture University, to substantiate their claim that a combined common seniority list should be prepared and promotions to the post of Superintendent should be effected accordingly.
However, as rightly contended by the respondents, the proceedings, viz., Letter.No.6056/H&S/Horti/A1/2011 dated 04.02.2020, Circular Memo No.1570/Ser(NT)/2020 dated 28.02.2020 and the Regulations, i.e., Dr.Y.S.R. Horticulture University Ministerial Service Regulations, 2023, issued in G.O.Ms.No.72 dated 22.12.2023, are all pertaining to the State of Andhra Pradesh, which have no binding effect upon the State of Telangana and the respondent university. It is always within the domain and discretion of the newly constituted respondent University either to adopt the existing Rules and Regulations or to frame its own Rules of service, which has been done by virtue of issuing Sri Konda Laxman Telangana State Horticulture University Ministerial Service Regulations, 2014, vide proceedings No.221-I/Estt./SKLTSHU/2018 dated 30.11.2018. 14. A perusal of the aforesaid Regulations of the respondent University discloses that the posts of Senior Technical Assistants (Finance) and Senior Technical Assistants (Administration) are not included among the feeder category post of Senior Assistant, for promotion to the post of Superintendent. As such, in the absence of any provision for promotion to the post of Superintendent from the cadres of Senior Technical Assistant (Finance) and Senior Technical Assistant (Administration), in the opinion of this Court, the question of preparation of a common combined seniority list of Senior Assistants and Senior Technical Assistant (Finance) and Senior Technical Assistant (Administration) does not arise. 15. In view of the above, the petitioners are not entitled for the relief sought for by them. However, since the representations of the petitioners dated 05.12.2024 and 23.12.2024 are pending consideration before respondent No.2, this Court deems it appropriate to direct to respondent No.2 to consider the said representations and pass appropriate orders thereon, strictly in accordance with law, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of this order, and communicate a copy thereof to the petitioners. 16. With the above direction, the Writ Petition is disposed of. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. No costs.