THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 36650 of 1998 O R D E R: This writ petition is filed seeking Mandamus declaring the proceedings No.VPES/21/Rect/98/193 dated 22.12.1998, issued by 4th respondent, as arbitrary and illegal and, further, to declare the action of 1st and 2nd respondents in not supplying the proceedings No.28140/PS-1/98 Education dated 14.10.1998 and the proceedings Rc.No.62 (A2)/B2/96 dated 5.11.1998, issued by them, as illegal, improper and violative of principles of natural justice; further to direct respondents 1 to 4 to treat the petitioner as senior most SGBT Teacher in the High School of 4th respondent. Heard both sides. It appears, petitioner joined the service of 4th respondent-School as a Secondary Grade Teacher with effect from 8.7.1983, in the High School Section, whereas, respondent No.5 joined as S.G.T. in Elementary School on 1.9.1972. When the promotion to the post of B.Ed., Assistant, which arose in High School was considered, 5th respondent was appointed in a separate Unit of Elementary School of the same management and she is neither entitled for consideration nor promotion to the post of B.Ed. Assistant in the High School. According to the petitioner, High School and Elementary School are separate Units for the purpose of transfer, promotion etc., therefore, 4th respondent ought not to have promoted 5th respondent as B.Ed. Assistant in the High School Section. In this regard, earlier when a dispute arose, W.Ps. 14674 and 15296 of 1996 were filed against the petitioner and others and this Court dismissed the said writ petitions on 25.9.1996. However, the petitioner in W.P. No. 14674 of 1996 preferred writ appeal and the said writ appeal was disposed of on 11.11.1996 with the following directions: “We accordingly direct the Regional Joint Director of School Education, Kakinada, to forthwith forward all the records pertaining to the dispute between the parties to the Secretary, Department of Education, Government of Andhra Pradesh and direct the latter to issue notice to the parties and after affording opportunity of being heard to them, decide the controversy in the light of the observations made above. It shall be open to any of the parties aggrieved by the order passed by the Government to challenge the same in accordance with law”. Thereafter, the respondents have passed the orders dated 14.10.1998 indicating that the Schools are under one Management and a District is the Unit for the purpose of transfer, promotion, seniority etc. If this is taken into consideration, the exercise made by 4th respondent in promoting 5th respondent, cannot be said to be either arbitrary or illegal. Admittedly, 5th respondent was senior to the petitioner and she was appointed way-back on 1.9.1972, may be in the Elementary Section of 4th respondent. But, when her case was considered, the seniority was taken into consideration since it was one unit and she was also equally eligible for being promoted. Under those circumstances, I am of the opinion that the respondents-authorities have not committed any error in promoting 5th respondent to the post of B.Ed., Assistant in 4th respondent School. Petitioner is not able to demonstrate as to in what way either the decision taken by the Regional Joint Director or the Government is not valid and contrary to any statutory Rules made. The writ petition is devoid of merit and liable to be dismissed. It is accordingly dismissed. However, in view of the interim orders passed by this Court the petitioner is continued in the cadre of B.Ed. Assistant and she has dealt with the duties of B.Ed. Assistant. Under those circumstances, the petitioner is permitted to make a detailed representation before the concerned respondents-authorities seeking to protect her pay and salary, at least for the purpose of pension. JUSTICE C.V. RAMULU. Date: 4-2-2010. MVB.