APHC010305512012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 40257/2012 Between: 1. GENJI NUKAM NAIDU, S/O. DALI NAIDU,, OCC. P.E.T. TEACHER IN A.P.S.P.SCHOOL, R/O. CHINTAVALASA VIZIANAGARAM DISTRICT ...PETITIONER AND 1. THE GOVERNMENT OF ANDHRA PRADESH, REP. BY ITS SECRETARY, SCHOOL EDUCATION DEPARTMENT SECRETARIAT, HYDERABAD. 2. THE COMMISSIONER AND DIRECTOR OF SCHOOL, EDUCATION, ANDHRA PRADESH, HYDERABAD. 3. THE DISTRICT EDUCATIONAL OFFICER, VIZIANAGARAM DISTRICT. 4. THE CORRESPONDENT A P S P SCHOOL, VTH A.P.S.P., BATALIAN CHINTALAVALASA, VIZIANAGARAM 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 any appropriate writ order or direction in the nature of writ of Mandamus declaring the action of the respondents 1&2 in not absorbing the petitioner in the grant in aid post of P.E.T. grade -II in A.P.S.P. School, Chintalavalasa is arbitrary, illegal and violative of article 14 of the Constitution of India and consequently direct the respondents 1 to 3 to absorb me in the grant in aid P.E.T. Grade-II in A.P.S.P. School, Chintalavalasa Vizianagaram 2 District by converting the available S.G.B.T. post to P.E.T. Grade-II post or else I suffer heavily, IA NO: 1 OF 2012(WPMP 51090 OF 2012 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 1 to 3 to absorb me in the grant in aid P.E.T. Grade-II post in A.P.S.P. School, Chintalavalasa Vizianagaram District by converting the available S.G.B.T. post to P.E.T. Grade-II post IA NO: 1 OF 2013(WPMP 24577 OF 2013 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 proposed Respondent Nos. 5 & 6 herein as party Respondent Nos. 5 & 6 in the W.P. No. 40257 of 2012 IA NO: 1 OF 2026 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 May be pleased to the receive the additional documents filed along with this affidavit in the interests of justice and may pass Counsel for the Petitioner: 1. SWATI GUDA Counsel for the Respondent(S): 1. GP FOR EDUCATION 2. P SRINIVASA RAO The Court made the following: 3 ORDER:- Petitioner is seeking a direction from this Court to absorb the petitioner in granted post of P.E.T, Grade-II in the 4th respondent’s school. 2. Learned counsel appearing for the petitioner submits that the petitioner was appointed as P.E.T, Grade-II teacher to the selection committee on 11.10.1989 and the petitioner had completed almost 21 years of service as on the date of filing of the writ petition. 3. Learned counsel for the petitioner submits that the petitioner is seeking for absorbing the petitioner in the available grant in aid post at the 4th respondent and relies on G.O.Ms.No.301. It is submitted that the 3rd respondent was directed to send proposals for conversion of the available grant in aid teacher's post and create a P.E.T post. It is also submitted the post of a craft teacher was converted as P.E.T post and when the proposals of the petitioner were also sent for conversion of the existing and vacant grant aid post as a P.E.T teacher, the respondents have not taken any steps. 4. Learned counsel for the petitioner has also placed on record the proceedings dated 25.09.2021, whereby the 4th respondent’s school has surrendered the grant in aid along with the aided vacancies. It is pointed out that one sanctioned post of Grade-II Telugu Pandit was available and nobody was working as on the date of surrendering the aid. It is also submitted that five SGT posts were sanctioned and as on the date of surrendering the aid none were working. It is submitted that the available vacancies ought to have 4 been converted as aided P.E.T. teacher and that the same would not in any manner have any additional financial implications. It is also submitted that during pendency of the writ petition, the petitioner has attained the age of superannuation. However, a retrospective direction from this Court directing the respondents to convert the then available grant in aid post to the petitioner would enable the petitioner to enjoy the benefit of time-scale and other monetary benefits. 5. The learned Assistant Government Pleader, appearing for respondent Nos.1 to 3 submits that the proposal of the petitioner was also sent to the 2nd respondent for converting the post of sanctioned vacant aided post to that of a P.E.T post. However, the 2nd respondent vide proceedings dated 14.03.2002 rejected the said proposals and the 3rd respondent once again sent the proposals for considering conversion of one vacant SGT aided post into P.E.T aided without financial commitment to the government. However, the 2nd respondent has not granted any permission and that the 3rd respondent is not the competent authority to convert any such SGT post or any other post into a P.E.T post. 6. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 7. Perused the record. 8. The petitioner admittedly was working as a P.E.T teacher in the 4th respondent’s school and the proposals for conversion of the SGT post into 5 P.E.T post was not accorded by the 2nd respondent in the year 2002. The petitioner ought to have approached this Court and challenged the said proceedings at that point of time. The 4th respondent’s school has now surrendered the aid along with the sanctioned posts. In such circumstances, no further orders can be passed in the writ petition. 9. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt: 01.04.2026 SR