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High Court of Andhra Pradesh · body

2025 DAILYLAW 43502 (AP)

R S KUMARI v. THE STATE OF AP

WP/8501/2019 · 2025-03-05

Venkata Jyothirmai Pratapa

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV. (Special Original Jurisdiction) > MONDAY, THE SEVENTEENTH DAY OF MARCH | TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8501 OF 2019 Between; R S Kumari, W/o. R. Sivaji Age 51 years, Occ SGT R/ o. 4-24-8, FFI Garikipati's Sai Dharni Enclave 8th Lane, Muthyala Reddy Nagar Amaravati Road, Guntur ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, School Education Department, Secretariat, Velagapudi Guntur District 2. The Commissioner of School Education, State of Andhra Pradesh 4th Floor, 'B' Block, BTPS Road Bhimrajugutta, Ibrahimpatnam, Krishna District. 3. The Regional Joint Director of School Education, Guntur Guntur District. 4. The District Education Officer, Guntur, Guntur District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue order, direction more particularly in the nature of mandamus declaring the action of the 4'*^ respondent in conducting counseling for promotion to the post of Primary School Head Masters in the unit of Guntur District on 05.07.2019 without including petitioner' the seniority list in spite of petitioner's representation dated 23.06.2019 and in spite of my eligibility as illegal, irregular, contrary to the procedure established by law and against to the principles of natural justice apart from being violative of fundamental right guaranteed under Article 14 and 16 of the Constitution of India and consequentially direct the may s name in 4th re^ondent to consider petitioner's candidature for promotion to the post of Primary School Head Master in the interest of justice lA NO: 1 OF 2019 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 grant stay of counseling scheduled to be held on 05.07.2019 for promotion to the post of Primary School Head Master pending disposal of the above writ petition. Counsel for the Petitioner: SRI KAMBHAMPATI RAMESH BABU Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following order: 1 46 . APHC010197052019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] B THURSDAY ,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8501/2019 Between: R S Kumari ...PETITIONER AND The State Of Ap and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.KAMBHAMPATI RAMESH BABU Counsel for the Respondent{S): 1.GP FOR SCHOOL EDUCATION (AP) The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “.....to issue a Writ, order or direction more particuiariy one in the nature of Writ of Mandamus, declaring the action of the 4^^ respondent in conducting counseling for promotion to the post of Primary School Head Masters in the unit of Guntur District on 05.07.2019 without including petitioner's name in the seniority list in spite of petitioner's representation dated 23.06.2019 and in spite of petitioner’s eligibility as illegal, irregular, contrary to the procedure established by law and against to the principles of natural justice apart from being violative of fundamental right guaranteed under Article 14 and 16 of the Constitution of India and consequentially direct the 4^ respondent to consider 2 Learned Assistant Government Pleader 2. for Services-(l, appearing for the respondents, would submit that in the light of the interim orders passed by respondent authorities was considered for promotion Pleader, in support of their this Court dated 04.07.2019 in I.A.No.1 of 2019, the have complied with the order. The petitioner as Head Master. Learned Assistant Government contentions, placed on record the orders along with entry in the passed by the respondent authorities service register of the individual. It is beneficial to District Educational Officer, dated extract the proceedings issued by the 31.07.2019, which reads as under; ’Under Rule 10 (a) of A. P. State & Sub-ordinate Service Rules 1996, read with the orders / h and 2"^ read above the instructions issued in the references Secondary Grade Teachers working in Z.P. Management are hereby promoted as Primary School Head Master on purely adhoc basis and posted in the existing vacancy due counseling on 30.07.2019 in the existing a7 ZZ" “ Of 0A3 2870.2671 and 2470 of 2018pending in the APAT. to in absentia to the promotion The promotion iIS purely temporary and liable for termination at any time without notice and without assigning any reason thereof for such termination. They are not entitled for TTA orders are as per their option. and joining time as the postings They are requested to join on relief in the within 15 days from the date of order ofpromotion. new promotion post 3 The concerned HM / MEO are requested to relieve the teacher noted above immediately with instructions to join in their new post. The dates of relief and Joining should be reported promptly. Receipt of the proceedings should be acknowledged. ” 3. Learned counsel for the petitioner would submit that recording the above instructions, the petition may be disposed of. 4. In that view of the matter, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand SD/- A VIJAYA BABU ASSISTANT ^GISTRAR sectionWficer closed. //TRUE COPY/ To, The PrincipaLSecretaqy, School Education Department, State of Andhra Pradesh, Secretariat, Velagapudi Guntur District The Commissioner of School Education, State of Andhra Pradesh 4 Floor, 'B' Block, BTPS Road Bhimrajugutta, Ibrahimpatnam, Krishna District The Regional Joint Director of School Education, Guntur, Guntur District The District Education Officer, Guntur, Guntur District One CC to Sri Kambhampati Ramesh Babu, Advocate [OPUC] Two CCs to GP for School Education, High Court of Andhra Pradesh. [OUT] Two CD Copies 1. th 2. 3. 4. 5. 6. 7. RAM ' HIGH COURT \ DATED: 17/03/2025 ORDER WP.No.8501 of 2019 O tl JU! ?fP5 X m O, to ^ . Curreni becnon DISPOSING OF THE WP WITHOUT COSTS