IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 13777 OF 2018 Between: K. Subrahmanyam, S/o. Late K.Viswanadham, aged 53 years, Grade-I Sanskrit Pandit, S.R.M. Oriental High School, Koritipadu, Guntur-7, Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, School Education Department, Secretariat, Velagapudi, Amaravathi, Guntur District, i ' 2. The Commissioner and Director of School Education, Andhra Pradesh, B-Block, Anjenaya Towers, besides Ibrahim Patnam P.S., Ibrahim- Patnam, Vijayawada. 3. The District Educational Officer, Collectorate Compound, Guntur, Guntur District. 4. The Correspondent, S.R.M. Oriental High School, Koritipadu, Guntur-7, ■ Guntur District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the dffidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of 'Writ of Mandamus' declaring the Proceedings made in Rc.No.13354/D3/(D4)/2013, dated nil.04.2018, signed on 06.04.2018 of the District Educational Officer, Guntur, 3rd respondent, so for as it relates to, direction of approval of the promotion of the petitioner as Grade-1 Sanskrit Pandit with effect from 23.08.2017 illegal, unjust, arbitrary, violative of principles of natural justice, contrary to as /law, void and consequently the respondents be directed to approve the f promotion of the petitioner as Gfade-I Sanskrit Pandit with effect from / 12.02.2014, in the 4th respondent-School, with all consequential benefits i.e.. Seniority, payment of arrears of salaries and other all benefits, forthwith ! lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents, to consider, the approval of the promotion of the petitioner as Grade-I Sanskrit Pandit with effect from 12.02.2014, in the 4th responderit-School, with all consequential benefits i.e.. Seniority, payment of arrears of salaries and other all benefits, forthwith Counsel for the Petitioner: SRI S V MUNI REDDY Counsel for the Respondents No.1 to 3: GP FOR SCHOOL EDUCATION (AP) Counsel for the Respondent No.4: SRI G VIJAYA KUMAR The Court made the follovving: Order 1 APHC010303122018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY ,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE / PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 13777 OF 2018 Between: ...PETITIONER K. S u brahmanyam AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.S VMUNI REDDY Counsel for the Respondent(S): 1.GP FOR SCHOOL EDUCATION (AP) 2.GUTTAPALEM VIJAYA KUMAR The Court made the following: ORDER:- The instant Writ Petition is filed under Article 226 of the Constitution of 1. India for the following relief: “to issue a Writ of Mandamusdeclaring the Proceedings made in Rc. No. 13354/D3/(D4)/2013, dated nil.04.2018, signed on 06.04.2018 of the District Educational Officer, Guntur, 3'^'^respondent so for as it relates to direction of approval of the promotion of the petitioner as Grade-1 Sanskrit Pandit with effect from 23.08.2017 as illegal, unjust, arbitrary, violative of principles of natural justice, contrary to law void and consequently the respondents be directed to approve the promotion of the petitioner as Grade-! Sanskrit Pandit with effect from 12.02.2014 in the 4^^respondentSchool with all consequential benefits i.e Seniority payment of arrears of salaries and other all benefits forthwith and pass such other orders". 2. Heard Sri S.V.Muni Reddy, learned counsel for the petitioner and learned Asst. Government Pleader for School Education for the respondents. 3. Learned counsel for the petitioner would submit that the petitioner i: Grade-I Sanskrit Pandit in 4‘^ respondent i.e. S.R.M.Oriental High School, Koritepadu, Guntur. Initially, the petitioner was selected as Grade-ll Sanskrit Language Pandit in the year 1994, despite having the qualifications of Grade-I Sanskrit Pandit. Thereafter, he got sub-grade post in the year 2013. In the light of retirement of two persons, two Grade-I IS \ vacancies arose. The Government issued G.O.Ms.No. 40, dated 18.06.2013 giving directions to fill up Aided Teachers and Non-Teaching staff in Aided Schools by way of promotions as per the seniority in the unit. The petitioner has approached this Court by filing a Writ Petition No. 984 of 2014 seeking direction to respondents to consider his case for promotion and succeeded. By virtue of orders of this Court, the respondent No.4 has made a proposal to give promotion to the petitioner from 12.02.2014, the respondents haveissued proceedings dated 23.08.2017 with all monetary benefits, arrears of salary and other benefits and also protecting his seniority over the direct recruitee, who was appointed on 12.02.2014 vide proceedings dated 30.08.2017. 4. Learned counsel would submit that despite the said proposal from the Correspondent of the School, the District Educational Officer has issued 3 proceedings dated 21.02.2017 giving promotion to the petitioner as Grade-I Sanskrit Pandit, with effect from 23.08.2017. 5. Learned counsel finally would submit that the petitioner is entitled for promotion as Grade-1 Sanskrit Pandit as proposed by the Correspondent of the School with effect from 12.02.2014 and prays to direct the respondents to approve the promotion of the petitioner as Grade-1 Sanskrit Pandit in the school of 4“^ respondent. 6. Learned Assistant Government Pleader, representing respondents 1 to 3 would submit that it is an undisputed fact that one Mr. D. Ramakrishnamacharyulu, who is senior to the petitioner has retired from service in the Month of April, 2014. As such, giving promotion to the petitioner from February, 2014 does not arise. 7. Learned Assistant Government Pleader would further submit that the respondent No.3 has rightly issued impugned proceedings by giving promotion with effect from 23.08.2017, after receipt of the proposal from the respondent No.1. 8. Learned counsel for the petitioner in reply would submit that this Court may pass appropriate orders by giving necessary direction to the respondent No.3 by giving promotion to the petitioner as per his eligibility. 9. Considering the submissions made and on fair look at the material placed on record, as rightly argued by the learned Assistant Government Pleader for the respondents that one Mr. D. Ramakrishnamacharyul u, who is senior to the petitioner, has retired from service in the month of April-20'1 Hence, question of giving promotion to the petitioner from 12.02.2014 does not arise. The order in W.P.No. 984 of 2014, dated 23.09.2016 i the effect that there IS very clear to are two vacancies in Grade-I Sanskrit Pandit in that Schooland out of the two vacancies, one is meant for Direct Recruitee and one IS meant for a candidateinservice. Direct Recruitee joined on 12.02.2014. However, the was appointed and respondent No.4 issued proceedings by case of the petitioner from 12.02.2014 from recruitee was appointed as Grade-1 Sanskrit \ making a proposal to consider the the date on which the dire Pandit and also protecting the recruitee, which is against the settled principles of law. OL seniority of the petitioner over the direct 10. In that view, the petitioner is eligibie for promotion after retirement of Ramakrishnamacharyulu. Hence, the impugned proceedings are Mr. D. modified to the effect that the petitioner is entitled for promotion of Grade-1 Sanskrit Pandit from 01.05.2014.The petitioner would get monetary benefits from the date of actual joining into Grade-1 Sanskrit Pandit and he is entitled for notional benefits from the date of eligibility i.e. 01.05.2014, till the date of actual joining into Grade-1 Sanskrit Pandit. The petitioner is not entitled to was appointed on 12.02.2014. 11. With this observation, the Writ Petition is disposed of. There shall be no order as to costs. claim seniority over the direct recruitee who Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 2. The Commissioner and Director of School Education B-Block, Anjenaya Towers, besides Ibrahim Patnam, Vijayawada. ^ GmturTfsS"''®"'' ® “ H'3h School, One CC to SRI S V MUNI REDDY Advocate [OPUC] ^ SCHOOL EDUCATION ^ Andhra Pradesh [OUT] 7. One CC to SRI G VIJAYA KUMAR, Advocate [OPUC] ^^^^hree CD Copies Andhra Pradesh, Patnam P.S., Ibrahim- Compound, Guntur, Koritipadu, Guntur-7, (AP), High Court of gsg r“ HIGH COURT DATED: 13/03/2025 ORDER WP.No.13777 of 2018 ^ 2 2 SEP 2025 Igi DISPOSING THE WP WITHOUT COSTS