APHC010693542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 35767/2025 Between: 1. P. LAKSHMI DEVI,, W/O. KANDALA SREERAMULU, AGED ABOUT 42 YEARS, OCC WORKING AS SECONDARY GRADE TEACHER, MPUP SCHOOL, DORAPALLI VILLAGE, DONE MANDAL, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT. 3. THE REGIONAL JOINT DIRECTOR, KURNOOL, KURNOOL DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, KURNOOL, KURNOOL DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, 2 challenging the action of the respondents in not considering the petitioners claim for promotion to the post of Primary School Head Master on the ground that earlier the petitioner relinquished for promotion as illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents to consider claim of the petitioner for promotion to the post of Primary School Head Master by taking the seniority from the date of the appointment by considering the representations of the petitioner on 14.07.2025 and 08.10.2025 and pass such IA NO: 1 OF 2025 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 pleased to direct the respondents to consider claim of the petitioner for promotion to the post of Primary School Head Master by takipg the seniority from the date of the appointment by considering the representations of the petitioner on 14.07.2025 and 08.10.2025 and pass such Counsel for the Petitioner: 1. Y MAHA LAKSHMI Counsel for the Respondent(S): 1. GP FOR SERVICES III The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.35767 of 2025 ORDER : The present writ petition is filed questioning the action of Respondents in not considering the Petitioner’s claim for promotion to the post of Primary School Head Master, as illegal and arbitrary. 2. The petitioner was appointed as a Secondary Grade Teacher (for short ‘SGT’) through DSC 2003 and was posted at MPUP School, Gummaur Village, Chippagiri Mandal, Kurnool District vide proceedings dated 24.11.2005. While so, Petitioner was promoted as Head Master, ZPH School, Davigattu, Peddakadubur Mandal, Kurnool District vide proceedings dated 14.01.2021. However, the Petitioner had relinquished the promotion for medical reasons, and consequently, the Petitioner was reverted to the post of SGT vide proceedings dated 31.08.2021. 3. The grievance of the Petitioner now is that the promotions are being affected for the post of Headmaster, and the case of the Petitioner is not being considered on the ground that, earlier Petitioner had relinquished the promotion. Inspite of the representation dated 14.07.2025 given by the Petitioner, the case of the Petitioner for promotion to the post of Headmaster was not being considered. Questioning the same, the present writ petition is filed. 4 4. Learned Assistant Government Pleader for Services would submit that the case of the Petitioner would be considered, subject to her eligibility and in terms of Rule 28(a) of A.P. State and Subordinate Service Rules, 1996. 5. Heard the respective counsel. 6. Accordingly, the Writ Petition is disposed of, directing the Respondents to consider the case of the Petitioner for promotion to the post of Head Master with respect to the vacancies in terms of Rule 28 of Andhra Pradesh State and Subordinate Service Rules, 1996. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ___________________ NYAPATHY VIJAY, J Date: 24.12.2025 chs 5 HON’BLE SRI JUSTICE NYAPATHY VIJAY 168 W.P.No.35767 of 2025 Date: 24.12.2025 CHS