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K. MANMADHA RAO
G. S. H. Pushpa Leela – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
Dr. K. Manmadha Rao, J. - Heard Ms. Kavitha Gottipati, learned counsel for the petitioner and learned Government Pleader for Services-III, appearing for the respondents. Perused the material on record.
2. The writ petition is filed, under Article 226 of the Constitution of India, seeking the following relief:
'...... to issue a writ, order or direction more in the nature of Writ of mandamus declaring the impugned action of the respondents, particularly the 3rd respondent in not including the petitioner name in the seniority list of School Assistant (English)/School Assistant (Social Studies) and in not considering her case for promotion to the said posts in the ensuing counseling is illegal, arbitrary, unjust, improper, in violation of fundamental rights guaranteed under Article 14, 16 and 21 of the Constitution of India, and consequently hold that the petitioner is entitled for promotion to the post of School Assistant (English)/School Assistant (Social Studies) as per G.O. Ms. No. 145, General Administration (Ser. D) Department, dated 15.06.2004 in the ensuing promotion counseling.'
3. The petitioner is working as Secondary Grade Teacher in M.P.U.P. School, K.K. Colony, Anan
Relinquishment of promotion to a particular vacancy does not permanently extinguish the right to be considered for promotion to any vacancy arising in the future, as per the interpretation of Rule 28....
Promotions must be made in accordance with the merit-cum-seniority list prepared as per Rule 3 of G.O.Ms.No.15 dated 26.01.2009, and ignoring seniority to promote juniors is a violation of the rule p....
The main legal point established is that promotions to the post of Secondary Grade Headmaster are based on seniority, as per the directions issued by the court.
Relinquishment of promotion rights under service rules does not permanently bar future promotions if not explicitly stated as irrevocable.
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