IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT APPEAL No.1467 of 2008 And WRIT PETITION No.12492 of 2008 Writ Appeal No.1467 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 07.07.2008 in Writ Petition No.12492 OF 2008 on the file of the High Court.) Between: K.Devender, S/o. Narsaiah, Aided School Assistant (Social), Aided Singareni Collieries High School, Yellandu, Khammam District. ...Appellant And 1. The Chief General Manager (Edu)/Secretary, Singareni Collieries Educational Society, Kothagudem, Khammam District, its Regd. Office at Quarter No.Um-14, Writers Basthi, Kothagudem, Khammam District. 2. The Director, Personnel Administration and Welfare (PAW)/President, Singareni Collieries Educational Society, Singareni Collieries Company Ltd., Kothagudem, Khammam District. 3. The Correspondent, Singareni Collieries High School, Yellandu, Khammam District. 4. The Regional Joint Director of School Education, Warangal. 5. The District Educational Officer, Khammam District. 6. Sri K.Raghunand, Head Master in Upper Primary School under the Singareni Managemnt, Yellandu, Khammam District. ...Respondents Writ Petition No.12492 of 2008 K.Devender, S/o. Narsaiah, Aided School Assistant (Social), Aided Singareni Collieries High School, Yellandu, Khammam District. ...Petitioner And 1. The Chief General Manager (Edu)/Secretary, Singareni Collieries Educational Society, Kothagudem, Khammam District, its Regd. Office at Quarter No.Um-14, Writers Basthi, Kothagudem, Khammam District. 2. The Director, Personnel Administration and Welfare (PAW)/President, Singareni Collieries Educational Society, Singareni Collieries Company Ltd., Kothagudem, Khammam District. 3. The Correspondent, Singareni Collieries High School, Yellandu, Khammam District. 4. The Regional Joint Director of School Education, Warangal. 5. The District Educational Officer, Khammam District. 6. Sri K.Raghunand, Head Master in Upper Primary School under the Singareni Managemnt, Yellandu, Khammam District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the aﬃdavit ﬁled herein the High Court will be pleased to issue appropriate writ order or direction more particularly in the nature of Writ of Mandamus declaring that the acts, deeds and things of the 1st respondent in transferring the 6th respondent from S.C. Upper Primary School, Yellandu which is a recognized as Private School to Singareni Collieries High School, Yellandu, which is an aided school, vide his Oﬃce Order Ref. No.SCES/SEC/103/2008/943 dated 10-6- 2008 as highly illegal, arbitrary mala ﬁde intention and capricious, violative of Articles 14 and 16 of the Constitution of India and also contrary to the Government Rules and Instructions and is being done only to deprive the legitimate right of promotion of the petitioner to the post of Head Master of the School and consequently set aside the said order with a further direction to direct the respondents to consider the claim of the petitioner for promotion as Head Master basing on the petitioner's seniority and to pass such other order or orders as deem ﬁt and proper in the circumstances of the case and in the interest of justice as otherwise, the petitioner shall be put to grave and irreparable hardship and loss. Counsel for the appellant/petitioner : Sri A.K. Jayaprakash Rao Counsel for respondent Nos.1 to 3 : None Counsel for respondent Nos.4 and 5: Government Pleader for Education Counsel for respondent No.6 : None The Court made the following: JUDGMENT (Per Anil R. Dave, C.J.) Learned Advocate, Sri A.K. Jayaprakash Rao, seeks permission to withdraw the writ appeal as well as the petition in view of the fact that the grievance which had been ventilated in the petition does not survive now. The petition as well as the appeal are permitted to be withdrawn. In view of the above, the petition as well as the appeal are disposed of as withdrawn with no order as to costs. ANIL R. DAVE, C.J. 17th November, 2008 R. SUBHASH REDDY, J. ……REGISTRAR To 1. The Chief General Manager (Edu)/Secretary, Singareni Collieries Educational Society, Kothagudem, Khammam District, its Regd. Office at Quarter No.Um-14, Writers Basthi, Kothagudem, Khammam District. 2. The Director, Personnel Administration and Welfare (PAW)/President, Singareni Collieries Educational Society, Singareni Collieries Company Ltd., Kothagudem, Khammam District. 3. The Correspondent, Singareni Collieries High School, Yellandu, Khammam District. 4. The Regional Joint Director of School Education, Warangal. 5. The District Educational Officer, Khammam District. 6. Two copies to the Govt. Pleader for Education, High Court Buildings, Hyderabad (OUT). 7. Two C.D. copies.