THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.137 of 2004 ORDER: The petitioner is working as Secondary Grade Assistant in S.V.S. High School, Nallangadu, Chittoor District. Respondent No.3 is working as Secondary Grade Assistant in an institution, by name Vyasasramam. She has been promoted as Assistant (Social Studies) in that institution. Stating that S.V.S. High School, Vyasasramam and Sri Sai Charitable Trust are under the same management and that he is senior to respondent No.3, the petitioner filed an appeal before the District Educational Officer, Chittoor, respondent No.1 herein, challenging the promotion of respondent No.3. Respondent No.1 passed an order, dated 11.11.2003, rejecting the appeal. It was mentioned that the institution in which the petitioner is working was transferred in favour of Sri Sai Charitable Trust and that the proceedings in relation thereto are pending before this Court. The same is challenged in this writ petition. Sri N.Bharath Babu, learned counsel for the petitioner, submits that the only basis for respondent No.1 to dismiss the appeal was the pendenacy of W.A.No.227 of 2002 and the said appeal was allowed by this Court on 28.04.2005. According to him, the transfer of institution in favour of Sri Sai Charitable Trust was set aside and thereby, a common seniority for the teachers working in all the three intuitions must be prepared and followed. Sri M.Sudheer Kumar, learned counsel for respondent No.2, on the other hand, submits that each institution is an independent entity and the teachers working in one institution cannot be treated on par with those working in other institution. The main ground on which the appeal preferred by the petitioner was rejected by respondent No.1 is that the proceedings in which the challenge was made to the transfer of institution in favour of Sri Sai Charitable Trust were pending. Now that the writ appeal was allowed by this Court and the transfer of the institution is set aside, the matter needs a fresh look. The question as to whether the three institutions are under the same management and if so whether a common seniority must be prepared for the teachers working in all the three institutions, needs to be considered afresh. Therefore, the writ petition is allowed and the impugned order is set aside. Respondent No.1 is directed to consider the matter afresh, duly issuing notice to the affected parties. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY,J Dt:09.09.2010. kdl