APHC010367722026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE 21st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19792/2026 Between: Smt. Palakolanu Swarna Latha, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. Chenna Reddy.K Counsel for the Respondent(S): 1. GP FOR SERVICES III The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY W.P.No.19792 of 2026 ORDER: The present Writ Petition is filed questioning the Proceedings in Rc.No.79/B5/2025, dated 05.07.2026, issued by Respondent No. 3, to the extent of imposing a condition that the Petitioner‟s seniority as Secondary Grade Teacher ( for short („S.G.T‟) will be fixed in the cadre from the date of re- joining the said post only, as illegal and arbitrary. 2. The Petitioner was initially appointed as Secondary Grade Teacher (for short, “SGT”) in the year 1999, and thereafter she was promoted as School Assistant (Mathematics) on 10.06.2023, and was working as Head Master of MPUPS, Gorantla (V), Kurnool Mandal. As the Petitioner was unable to discharge the duties as stated above on account of domestic issues, the Petitioner submitted a representation to revert her to the post of S.G.T. Taking note of the representation of the Petitioner, the District Educational Officer (FAC), Kurnool, vide Proceedings in Rc.No.7911/B5/B2/2025, dated 05.07.2026, reverted the Petitioner as Secondary Grade Teacher to MPP School, Diguvapadu (V), Kurnool (Rural) Mandal, in the existing vacancy. Apart from that, in the impugned order, it is mentioned that the seniority will be fixed in the cadre only from the date of her joining duty in the present post. This aspect of the Proceedings is challenged in this Writ Petition. 3 3. The learned Assistant Government Pleader, on instructions, submits that as the Petitioner had voluntarily given up her appointment as School Assistant, she cannot now seek fresh consideration of promotion on the basis of her erstwhile seniority, as the same could have impacted other aspects. 4. Heard the learned counsels. 5. Rule 28 of the A.P. State and Subordinate Service Rules was amended vide G.O.Ms.No. 92, General Administration (Services-D) Department, dated 28.08.2023, and the following explanation was introduced in the said Government Order: “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 or 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 4 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”. 6. As per the above explanation, the right of a person reverted/relinquished would remain in future vacancies and seniority in the erstwhile feeder post of S.G.T cannot be taken away by the impugned Proceedings. 7. Accordingly, the Writ Petition is disposed of with the following directions: i) The seniority of the Petitioner as Secondary Grade Teacher will not be construed from the date of her re- appointment as S.G.T and the erstwhile service of the Petitioner as S.G.T will be taken into consideration while considering her case for future promotions in the cadre of Secondary Grade Teacher. ii) There shall be no order as to costs. 5 As a sequel, miscellaneous petitions, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 21.07.2026 eha 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WP No.19792 of 2026 Date: 21.07.2026 eha U