IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 3780 of 2009 Between: Banala. Seetha Ramaiah, S/o. Rama Chokkaiah, Andhra Pradesh Residential School, BC-Boys, Kamalapur Proper and Mandal, Karimnagar District. ..... PETITIONER AND 1 The Andhra Pradsh State Residential Educational Institution Society (Reg) Rep by its Secretary, Gagan Vihar, III Floor, Nampally, Hyderabad. 2 The Andhra Pradsh State Residential School for Boys, Kamalpur Rep by is Principal, Kamalapru Proper and Mandal, Karimnagar District. .....RESPONDENT(S) 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 to issue an order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ order or direction declaring the proceedings issued by the respondent No. 1 in passing the order in Rc.No. 1/05-06 dated 08-1-2006 through which canceling the promotion given to the petitioner thrugh proc No. 11056/A2-1/05 dated 27- 12-2005 there by directing the respondent No. 2 to cancel the fixation and rectification entries are made in the service Regiter and if the bills are prepared should not be paid by further directing to submit the compliance report as arbitrary, illegal, null and void and violative of Articles 14, 19 and 21 of the constitution of India and also violative of the GO Ms.No. 225 dated 18-5-1999, Consequently to declare that the order in Proc.No. 11056/A2-1/05 dated 27-12-2005 issued by the respondent No. 1 is illegal and valid one and further directing the respondents 1 and 2 to implement the same as the same issued as per GO Ms.No. 225 dated 18- 5-1999, and to pass Counsel for the Petitioner:MR.K.VENUMADHAV Counsel for the Respondent No.: MR.K.DURGA PRASAD The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 3780 OF 2009 ORDER: 1. Petitioner is a Post Graduate Teacher in 2nd Respondent School. He was given Special promotion post scale and subsequently the same has been withdrawn on the ground that he has not passed the departmental test. 2. It is the contention of the petitioner that he has crossed 45 years of age and therefore, he is exempted from passing the departmental test for first promotion post. 3. When the writ petition came up for admission, Sri K. Durga Prasad, learned standing counsel of residential schools takes notice on behalf of the Respondents 1 and 2. 4. Heard learned counsel appearing for the parties. 5. It is the contention of the petitioner that he crossed 45 years of age as on the date of the 2nd respondent allowing Special Promotion scale to him and therefore, there is no need of his passing test as provided under G.O.Ms. No.225, dated 18-5-1999. 6. Such is the situation, I deem it appropriate to dispose of the writ petition directing the petitioner to make a representation to the 1st respondent seeking exemption from passing the departmental tests and thereupon the 1st respondent shall consider the same, keeping in view of G.O.Ms.No. 225, dated 18-5-1999 within four weeks from the date of receipt of a copy of this order and issue appropriate proceedings. No order as to costs. _______________________________ Justice B. Seshasayana Reddy 26th February, 2009 Note: C.C. in a week B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 3780 OF 2009 26th February, 2009.