IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.823 of 2005 Between: K. RAMESH, S/o. Venkaiah, Aided High School, Srungarapuram, Baptala, Guntur District. ..... PETITIONER AND 1 The Commissioner & Director of School Education, Andhra Pradesh, Hyderabad. 2 The District Educational Officer, Guntur District, Guntur. 3 The Government of Andhra Pradesh, Rep. by its Secretary, Education Department, Secretariat, Hyderabad. 4 The Correspondent, Aided High School, Srungarapuram, Baptla, Guntur 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 a Writ, Order or direction more in the nature of Mandamus declaring the petitioner is entitled for Gr.I Pandit Scale from the date of discharging the duties in the 4th respondent aided school, by holding the action of the respondents in not sanctioning Gr.I. Pandit Post Scale to the petitioner by upgrading his post in terms of various G.Os issued by the Government in respect of similarly situated teachers is as illegal, arbitrary, discriminatory and subversive of Articles 14 and 16 of the Constitution of India. Counsel for the Petitioner: Mr.CH.JAGANNADHA RAO Counsel for the Respondents: GP FOR EDUCATION The Court made the following : ORAL ORDER: This Writ Petition is filed seeking a Mandamus declaring the action of the respondents in not sanctioning Grade I Pandit Post Scale to the petitioner by upgrading his post in terms of various Orders issued by the Government in respect of similarly situated teachers as arbitrary, illegal and violative of Articles 14 and 16 of the Constitution of India and consequently direct the respondents to pay Grade I Pandit Scale to the petitioner from the date of discharging duties in the 4th respondent aided school. It is the case of the petitioner that he was appointed as Grade II Telugu Pandit on 17-9-1974 when the 4th respondent-School was a Primary School. Thereafter, in the year 1992, it was upgraded to that of High School. However, no Grade I Telugu Pandit, as required, was appointed in the School nor the post held by him was upgraded. But, his services were utilized for teaching the High School sections also all through. According to the petitioner, in terms of G.O.Ms.No.782, Education, dated 9-9-1982 Grade II Pandits, who have completed five years of service or more as on 1-1-1980 are exempted from possessing Pandit Training qualification and also entitled for upgradation to the Scale of Grade I Telugu Pandit post. Now, it is the grievance of the petitioner that though he is working since 1992, neither Grade I Telugu Pandit post was created and he was promoted nor the post of Grade II Telugu Pandit held by him was upgraded. A detailed counter affidavit is filed on behalf of respondents 1 to 3 denying the allegations made by the petitioner. The questions raised in this Writ Petition are all questions of fact, which cannot be gone into by this Court in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India. The respondents have not considered the case of the petitioner earlier at any point of time. Under those circumstances, without expressing any opinion on merits, respondents 1 and 2 are directed to treat the very affidavit filed in support of this Writ Petition as a representation filed before them and consider the case of the petitioner sympathetically in view of the fact that he has been serving High School section since 1992 and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this Order. Accordingly, the Writ Petition is disposed of. No order as to costs. 24-4-2008 prk