K. Manmadha Rao, J.

1. This petition is filed under Article 226 of the Constitution of India for the following relief:-

"...to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly the 3rd respondent in not including the petitioner name in the seniority list of School Assistant English/School Assistant Biological Science and in not considering her case for promotion to the said posts in the ensuing counselling is illegal, arbitrary, unjust, improper in violation of fundamental rights guaranteed under Article 14, 16 and 21 of the Constitution of India and consequently hold that the petitioner is entitled for promotion to the post of School Assistant English/School Assistant Biological Science as per G.O.Ms. No. 145 General Administration (Ser. D) Department, dated 15.06.2004 in the ensuing promotion counselling and pass such other order or orders......."

2. Heard Ms. Kavitha Gottipati, learned counsel appearing for the petitioner and learned Government Pleader for Services-Ill appearing for the respondents.

3. The case of the petitioner is that she is working as Secondary Grade Teacher at M.P.P. School, II Ward, Potladurti, Yerraguntla Mandal, YSR Kadapa District. While so, when the department has taken up promotion counselling on 11.09.2019 and 20.10.2020, the petitioner has relinquished her promotion on the ground that she was absent for the said two counsellings due to her health grounds. It is further case of the petitioner that recently, the department has taken up the promotions in the category of School Assistant (English) on 14.12.2021. in the said process, a seniority list of Secondary Grade Teachers and equivalent cadre for promotion to the post of School Assistant (English) and in the said list, the petitioner name shows at Sl. No. 31. In this regard, she has attended and relinquished her promotion. She stated that she has temporarily relinquished her right of promotion only once i.e., on 14.12.2021 for School Assistant (English). Despite her continuous persuasions and representations, the respondents did not consider her claim for promotion to the post of School Assistant (English)/School Assistant (Biological Science). It is further stated that the petitioner has never relinquished her promotion permanently. Therefore, she is eligible to be considered for promotion to the aforementioned post in the ensuing counseling. The respondents have prepared the seniority list of Secondary Grade Teachers for promotion to the post of both the categories i.e., School Assistant (English) and School Assistant (Biological Science) and in both the lists, the petitioner name was not included on the ground that she has relinquished her promotion on earlier occasions.

4. On hearing, learned counsel for the petitioner, while reiterating the contentions raised in the writ petition, inter alia submits that the action of the respondents in not considering the case of the petitioner for promotion is not sustainable in law and contrary to the judgments of two Division Benches of the erstwhile Common High Court of Andhra Pradesh at Hyderabad.

5. On the other hand, learned Government Pleader for Services-Ill submits that since the petitioner had relinquished her promotion on earlier occasions, and in the light of G.O.Ms. No. 145, dated 15.06.2004 abd G.O.Ms. No. 227 dated 30.05.2014, her case cannot be considered for promotion.

6. This Court has considered the submissions made by the learned counsel and perused the judgments on which reliance is placed. In G. Boyanna v. Registrar (Administration), High Court of A.P., Hyderabad and another 2009 (1) ALT 462, the Division Bench of the erstwhile Common High Court of Andhra Pradesh at Hyderabad, considered the issues where an employee foregone promotions on the earlier occasions and sought for promotion when the vacancies arose in a particular Department. In the context of interpreting Rule 28 of the Andhra Pradesh State and Subordinate Service Rules, 1996, the Division Bench while referring to the judgment rendered by another Division Bench held that a member of service is not disentitled for being considered for promotion in a future vacancy, merely because he/she had relinquished his/her right of promotion on the earlier occasion. The relevant portion of the judgment of the Hon'ble Division Bench reads as follows:

"11...................As far as that particular vacancy is concerned, the employee's relinquishment is final. He cannot claim later that he may be deemed to have been promoted to that particular vacancy and that his seniority may be fixed as if he was promoted to that vacancy. Accepting such interpretation would mean that if a member of service, who has relinquished his promotion, at one stage, is promoted subsequently when another vacancy arose, he will be junior to a person, who in spite of being junior to this member, was promoted to the vacancy relinquished by him in the promotion post.

In the light of the above discussion, we have no hesitation in holding that relinquishment of right or privilege of promotion to a particular vacancy would amount to permanent relinquishment of right of privilege for promotion to that particular vacancy. The Rule 28 of the State and Subordinate Service Rules cannot be read or interpreted to mean that his right to be considered for promotion to any vacancy arising in future also is permanently extinguished. Such an interpretation would lead to frustration and unrest in the service defeating the object of promotion efficiency and harmonious functioning.

(emphasis added)."

7. In the light of the judgment of the Hon'ble Division Bench, which is a binding precedent, this Court finds merit in the submissions made by the learned counsel for the petitioner. Therefore, the inaction on the part of the respondents in considering the case of the petitioner for promotion is not just and tenable.

8. Accordingly, the Writ Petition is Allowed, at the stage of admission with the consent of both parties, with a direction to the respondents to consider the case of the petitioner for promotion to the post of School Assistant (English)/School Assistant (Biological Science) in the existing or future vacancies. There shall be no order as to costs.

Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.