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2025:APHC:61514

APHC010693522025

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: 36118/2025

Between:

1. M VIJAYA KUMAR, S/O. M.BUCHANNA, AGED ABOUT 58 YEARS,

OCC WORKING AS SECONDARY GRADE TEACHER, MPP SCHOOL,

VENGALAMPALLI, PEAPULLY MANDAL, KURNOOL DISTRICT .

...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.

3. THE REGIONAL JOINT DIRECTOR, KURNOOL, KURNOOL

DISTRICT.

4. THE DISTRICT EDUCATIONAL OFFICER, KURNOOL, KURNOOL

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 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:61514

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION NO: 36118 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 in

MPP School, Agavalli, Krishnagiri Mandal, through D.S.C. in the year

1996. Subsequently, the Petitioner was transferred to MPP School (HW)

High School, Erragudi, Krishnagiri Mandal, on 01.01.2002. Thereafter, the

Petitioner was transferred to MPUP School, Erragudi, Krishnagiri Mandal,

on 01.12.2005 and again was transferred to MPUP School, Bukkapuram

Veldurthi Mandal, on 03.11.2015. Thereafter, the Petitioner was promoted

as Primary School Head Master/School Assistant (Mathematics) vide

proceedings dated 10.06.2023. While so, the Petitioner gave a

representation dated 21.09.2024, on medical grounds, requesting to

revert him from the present cadre and post him as Secondary Grade

Teacher. Thus upon, the 4^th Respondent issued proceedings dated

30.01.2024, reverting the Petitioner from the post of Primary School Head

Master to the post of Secondary Grade Teacher. After issuance of Andhra

Pradesh State Teachers (Regulation of Transfers) Rules, 2025, the

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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 candidature for promotion to the post of Primary School

H