APHC010503242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26300/2025 Between: 1. K VENKATA RAO, S/O CHENCHUPUNNAIAH AGED 53 YEARS OCC. SA (MATHS) O/O ZPHS PURIMETIA, PRAKASAM ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF SCHOOL EDUCATION SCHOOL EDUCATION DEPARTMENT, VENKATADRI TOWERS, MANGALAGIRI GUNTUR. 3. THE DISTRICT EDUCATION OFFICER, PRAKASAM, PRAKASAM 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 to issue an appropriate order, writ or direction, more particularly in the nature of Writ of Mandamus, declaring the action of the respondents in not considering the request of the petitioner for reversion from the post of one School Assistant (Mathematics) to the post of Secondary Grade Teacher (SGT), despite a representation made in terms of rules as arbitrary, illegal, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the Respondents to revert the petitioner to the 2 post of Secondary Grade Teacher (SGT) forthwith before the ensuing DSC- 2025 process, with all consequential benefits, without any further delay and re transfer the Petitioner to the same mandal or nearby mandal where he worked earlier as Secondary Grade Teacher (SGT), as per rules and pass 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 forthwith consider the representation of the Petitioner for reversion from School Assistant (Mathematics) to Secondary Grade Teacher (SGT) and take necessary action before finalization of DSC-2025, pending disposal of the above writ petition in the interest of justice and pass Counsel for the Petitioner: 1. PAMARTHY RATHNAKAR Counsel for the Respondent(S): 1. GP FOR SERVICES II 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26300/2025 The Court made the following Order: The present writ petition has been filed challenging the non- consideration of the petitioner’s representation seeking reversion to the post of Secondary Grade Teacher (SGT). 2. The petitioner was promoted to the post of School Assistant (Mathematics) vide proceedings, dated 07.06.2025. Subsequently, by way of representation dated 06.07.2025, the petitioner requested reversion from the promoted post to the post of Secondary Grade Teacher (SGT). As the said representation has not been considered by the respondents, hence the present writ petition. 3. Learned counsel for the petitioner would submit that the case of the petitioner for reversion bound to be accepted as per Rule 28 of the Andhra Pradesh State and Subordinate Service Rules, 1996 and the respondents cannot compel the petitioner to work as School Assistant. 4. Learned Assistant Government for Services-III, Sri Challa Srinivas, submits that the petitioner’s representation shall be considered and disposed of as expeditiously as possible. 5. The Rule 28 of the Andhra Pradesh State and Subordinate Service Rules, 1996 enables an employee to relinquish any right or privilege and the appointing authority shall have to accept the same, unless it is 4 opposed to public interest. The relinquishment of promotion by petitioner cannot said to be opposed to public interest. Therefore, the respondents are directed to consider the representation of petitioner, dated 06.07.2025 in accordance with Rule 28 of the Andhra Pradesh State and Subordinate Service Rules, 1996, expeditiously preferably within a period of one (01) month from the date of receipt of the copy of this order. 6. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. __________________ NYAPATHY VIJAY, J Date: 25.09.2025 MSI 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26300/2025 Date: 25.09.2025 MSI