APHC010293612019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE 28th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 13497/2019 Between: 1. TALLURI VENKATA RAMAKRISHNA,, S/O. APPLASWAMY, AGED ABOUT 54 YEARS, WORKING GRAE-II HEAD MASTER, Z.P.H. SCHOOL, KAIKARAM VILLAGE UNGUTURU MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DIST - 522 503, A.P. 2. THE COMMISSIONER OF SCHOOL EDUCATION, IBRAHIMPATNAM, AMARAVATHI, 3. REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION, KAKINADA, E.G. DISTRICT 4. DISTRICT EDUCATIONAL OFFICER, ELURU, W.G. DISTRICT 5. DISTRICT COLLECTOR, ELURU, W.G. 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 appropriate writ or order or direction preferably one in the nature of Writ of Mandamus, declaring the action of the respondents no.2 and 3 in cancelling my promotion orders vide their orders in Lr. Rc.No. ESE02- 2 12021/2019-EST 2-CSE dt. 9-9-2019 Rc no. 4087/B4/2019 (1/2) dated 9-9- 2019 respectively as one without any due process of law or without following the principles of natural justice an held as illegal, void and consequently setaside both the orders of the respondent no. 2 and 3 in Lr. Rc.No. ESE02- 12021/2019-EST 2-CSE dt. 9-9-2019 Re no. 4087/B4/2019 (1/2) dated 9-9- 2019 respectively an continue the petitioner in the present promotion post of Grade II Headmaster and pass IA 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 to suspend the operation of Lr. Rc.No. ESE02-12021/2019-EST 2-CSE dt. 9- 9-2019 of the first respondent and the consequential order in Rc no. 4087/B4/2019 (1/2) dated 9-9-2019 of the 3rd respondent by continuing the petitioner at the present place and pass IA NO: 2 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 vacate the interim order dated 13.09.2019 in IA No.1 of 2019 in WP No.13497 of 2019 and dismiss the WP and pass IA NO: 3 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 implead the resondents 6 to 8 are proposed respondents 6 to 8 in the above W.P No. 13497 of 2019, and pass Counsel for the Petitioner: 1. SS RAMA KRISHNA PRASAD Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION (AP) The Court made the following: 3 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 13497 OF 2019 ORDER: The present writ petition has been filed under Article 226 of the Constitution of India, seeking the following relief: “…to issue appropriate writ or order or direction preferably one in the nature of Writ of Mandamus, declaring the action of the respondents no.2 and 3 in cancelling my promotion orders vide their orders in Lr.Rc.No.ESE02-12021/2019-EST 2-CSE dt.9-9-2019 Rc.No. 4087/B4/2019 (1/2) dated 9-9-2019 respectively as one without any due process of law or without following the principles of natural justice an held as illegal, void and consequently set aside both the orders of the respondent Nos.2 and 3 in Lr.Rc.No.ESE02-12021/2019- EST 2-CSE dt.9-9-2019 Re no. 4087/B4/2019 (1/2) dated 9-9-2019 respectively an continue the petitioner in the present promotion post of Grade II Headmaster and pass…” 2. The case of the petitioner, in brief, is that the petitioner was working as LFL Headmaster at MPP Model High School, Pentapadu. In the service particulars prepared by respondent No.4, the petitioner was shown below his juniors, who were promoted on 03.07.2019. The petitioner, belongs to SC category and submitted a representation dated 15.07.2019. Upon verification, respondent No.4 found that the petitioner was senior to Sri S. Kantharao and Sri K. Vikram, both belonging to SC category and recommended reversion of the junior-most Sri K. Vikram and promotion of the petitioner. Sri K. Vikram also expressed his willingness for such reversion. a) Pursuant thereto, respondent No.2, vide proceedings dated 25.07.2019, directed the respondent No.3 to take necessary action. Accordingly, respondent No.3 permitted to review promotion of Sri K. Vikram 4 and directed that promotion be effected in favour of the petitioner. After counseling, the respondent No.3 issued promotion orders dated 17.08.2019, pursuant to which the petitioner joined at the new station on the same day. However, within three weeks, respondent No.2, without issuing any notice or affording an opportunity of hearing to the petitioner, cancelled the petitioner’s promotion vide proceedings dated 09.09.2019, stating that his case could be considered in the next counseling. Aggrieved by which the petitioner filed the present writ petition. 3. When the writ petition came up for admission, this Court passed an interim order on 13.09.2019 as follows: “Post the matter on 24.09.2019. Till then, the petitioner shall be continued in the present post”. The said interim order was extended time to time. 4. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondents. 5. During the course of the arguments, it is brought to the notice of this Court by the learned counsel for the petitioner as well as the learned Assistant Government Pleader that pursuant to the Interim Order granted by this Court on 13.09.2019, the petitioner was continued as a Head Master Grade-II at Zilla Parishad High School, Kaikaram Village, Unguturu Mandal and subsequently, he was promoted as Mandal Educational Officer vide proceedings dated 18.06.2023. 5 6. The fact remains that the petitioner's promotion, which had already been effected pursuant to the proceedings dated 17.08.2019, was cancelled by the impugned proceedings dated 09.09.2019 without issuing any prior notice to him or affording him an opportunity of hearing. Such cancellation, having adverse civil consequences, could not have been effected without following the principles of natural justice. 7. In view of the above, the impugned proceedings dated 09.09.2019 issued by respondent Nos.2 and 3 are liable to be set aside on the ground of violation of the principles of natural justice. 8. Accordingly, the writ petition is allowed and the impugned proceedings dated 09.09.2019 are set aside. Since, the petitioner has subsequently been promoted as Mandal Educational Officer, no further orders are necessary in respect of his continuance in the post of Headmaster Grade-II. No costs. Miscellaneous Interlocutory Applications pending, if any, in this case, shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 28.09.2026 JS / APSK 6 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 13497 OF 2019 Date: 28.09.2026 JS / APSK