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2025:APHC:61767

APHC010693502025

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3460]

(Special Original Jurisdiction)

TUESDAY, THE THIRTIETH DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION NO: 36143/2025

Between:

1. E VENKATA NAIK, S/O. DEVALA NAIK, AGED ABOUT 51 YEARS,

OCC WORKING AS SECONDARY GRADE TEACHER, MPP SCHOOL

(BC), PEAPULLY, PEAPULLY MANDAL KURNOOL DISTRICT.518221

...PETITIONER

AND

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 ANDHRA PRADESH, IBRAHIMPATNAM,

VIJAYAWADA, KRISHNA DISTRICT.522237

3. THE REGIONAL JOINT DIRECTOR, KURNOOL, KURNOOL

DISTRICT. 518001

4. THE DISTRICT EDUCATIONAL OFFICER, KURNOOL, KURNOOL

DISTRICT.518001

...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 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

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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

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2025:APHC:61767

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION NO: 36143 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

through D.S.C. in the year 1996. Subsequently, the Petitioner was

promoted as Primary School Head Master on temporary basis and also

promoted as LFL HM, MPP School, Konamanupeta, Kosigi Mandal,

Kurnool District. When the Petitioner made a representation, on medical

grounds, requesting to revert him from the present cadre and post him as

Secondary Grade Teacher (Telugu), the 4^th respondent issued

proceedings dated 30.01.2024, reverting the Petitioner from the post of

LFL HM, MPP School, Konamanupeta, Kosigi Mandal to the post of

Secondary Grade Teacher (Telugu). While so, the 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

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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 medical

grounds at that point of time and the same cannot be considered to be a

bar for further promotion. It is contended that an amendment was brought

in by the State Governm