APHC010693522025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36118/2025 Between: 1. M VIJAYA KUMAR, S/O. M.BUCHANNA, AGED ABOUT 58 YEARS, OCC WORKING AS SECONDARY GRADE TEACHER, MPP SCHOOL, VENGALAMPALLI, PEAPULLY MANDAL, 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 VIJAYAWADA, KRISHNA DISTRICT. 3. THE REGIONAL DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, KURNOOL, KURNOOL DISTRICT. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, challenging the action of the respondents in not considering the petitioners claim for promotion to the post of Primary School Head M IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36118/2025 M VIJAYA KUMAR, S/O. M.BUCHANNA, AGED ABOUT 58 YEARS, OCC WORKING AS SECONDARY GRADE TEACHER, MPP SCHOOL, ENGALAMPALLI, PEAPULLY MANDAL, KURNOOL DISTRICT . ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT. THE REGIONAL JOINT DIRECTOR, KURNOOL, KURNOOL THE DISTRICT EDUCATIONAL OFFICER, KURNOOL, KURNOOL ...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 issue a Writ of Mandamus, or any other appropriate writ, order or direction, challenging the action of the respondents in not considering the petitioners claim for promotion to the post of Primary School Head M IN THE HIGH COURT OF ANDHRA PRADESH [3460] THE THIRTIETH DAY OF DECEMBER THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY M VIJAYA KUMAR, S/O. M.BUCHANNA, AGED ABOUT 58 YEARS, OCC WORKING AS SECONDARY GRADE TEACHER, MPP SCHOOL, KURNOOL DISTRICT . ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION, IBRAHIMPATNAM, JOINT DIRECTOR, KURNOOL, KURNOOL THE DISTRICT EDUCATIONAL OFFICER, KURNOOL, KURNOOL ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the therewith, the High Court may be issue a Writ of Mandamus, or any other appropriate writ, order or direction, challenging the action of the respondents in not considering the petitioners claim for promotion to the post of Primary School Head Master on 2 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 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 to 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 Counsel for the Petitioner: 1. Y MAHA LAKSHMI Counsel for the Respondent(S): 1. GP FOR SERVICES III 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36118 of 2025 ORDER: In the present Writ Petition the Petitioner is questioning the non- consideration of his case for promotion to the post of Primary School Head Master on the ground that earlier the Petitioner relinquished for promotion. 2. The facts leading to the filing of the writ petition are as follows: The Petitioner was initially appointed as Secondary Grade Teacher in MPP School, Agavalli, Krishnagiri Mandal, through D.S.C. in the year 1996. Subsequently, the Petitioner was transferred to MPP School (HW) High School, Erragudi, Krishnagiri Mandal, on 01.01.2002. Thereafter, the Petitioner was transferred to MPUP School, Erragudi, Krishnagiri Mandal, on 01.12.2005 and again was transferred to MPUP School, Bukkapuram Veldurthi Mandal, on 03.11.2015. Thereafter, the Petitioner was promoted as Primary School Head Master/School Assistant (Mathematics) vide proceedings dated 10.06.2023. While so, the Petitioner gave a representation dated 21.09.2024, on medical grounds, requesting to revert him from the present cadre and post him as Secondary Grade Teacher. Thus upon, the 4th Respondent issued proceedings dated 30.01.2024, reverting the Petitioner from the post of Primary School Head Master to the post of Secondary Grade Teacher. After issuance of Andhra Pradesh State Teachers (Regulation of Transfers) Rules, 2025, the 4 Petitioner submitted representations to the Respondents, requesting to consider him for promotion to the post of Primary School Head Master by taking into consideration his seniority from the date of initial appointment. In spite of submitting representations, the Respondents have not considered his candidature for promotion to the post of Primary School Head Master. Hence, the present writ petition is filed. 3. Learned counsel for the Petitioner would submit that reversion to the post of Secondary Grade Teacher on 30.01.2024 was on personal request of the Petitioner on medical grounds at that point of time and the same cannot be considered to be a bar for further promotion. It is further contended, that an amendment was brought in by the State Government to Rule 28 of the Andhra Pradesh State and Subordinate Service Rules, 1996 vide G.O.Ms.No.92, General Administration (Services-D) Department, dated 28.08.2023 and that there is no bar for consideration of the case of the Petitioner for promotion to the post of Primary School Head Master. 4. Learned Assistant Government Pleader would submit that the case of the Petitioner would be considered in terms of G.O.Ms.No.92, dated 28.08.2023 and appropriate decision will be taken by the Respondent Authorities. 5. Heard the counsels. 5 6. Vide G.O.Ms.No.92 GA (Services-D) department, dated 28.08.2023, Explanation to Rule 28 of the Andhra Pradesh State and Subordinate Service Rules was introduced. The Explanation reads as below: “Explanation: (i) In respect of promotion to a member of service, who has exercised relinquishment of promotion due to any reason, Rule 28 does not disentitle him/her from being considered for promotion in a future vacancy merely because he/she had relinquished his/her right under the Rules for promotion earlier. (ii) Relinquishment of right or privilege of promotion to a particular vacancy would not amount to permanent relinquishment of right of privilege for promotion to that particular vacancy. The Rule-28 cannot be read or interpreted to mean that his/her right to be considered for promotion to any vacancy arising in future also is permanently extinguished. (iii) The relinquishment of an opportunity for promotion, which arose for an employee occupying certain place in seniority list in the panel year, in view of a vacancy that arose then, in view of the fact that he/she was eligible for promotion in the light of the criteria laid down in the Rules, would mean that the extent the privilege has been relinquished is confined to the privilege related to that particular vacancy/panel year which was available to him/her by virtue of the above mentioned circumstances. The Rule cannot be interpreted to mean that the relinquishment was in respect of future vacancies also. Therefore, the right of the Member of Service shall be considered in future vacancy for promotion, if otherwise eligible.” 7. In the light of the Explanation to Rule 28 of the Andhra Pradesh State and Subordinate Service Rules, there is no bar for consideration of the 6 case of the Petitioner for future vacancy i.e., the vacancies existing as on date. 8. Therefore, the Writ Petition is disposed of directing the Respondents to consider the case of the Petitioner for promotion to the post of Primary School Head Master in terms of amendment to Rule 28 of the Andhra Pradesh State and Subordinate Service Rules. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY 30.12.2025 MDP