IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 7899 of 2008 Between: 1 The Govt. of A.P., Rep. by its Principal Secretary to Higher Education ( IE.I/A1) Department, Secretariat, Hyderabad. 2 The Commissioner of Intermediate Education, A.P., Hyderabad. 3 The Regional Joint Director of Intermediate Education, Warangal Dist., Warangal. 4 The Principal , Govt. Junior College for Boys, Hanumakonda, District Warangal. ..... PETITIONERS AND K. Srinivas Rao, Lab Attender, Govt. Junior College for Boys Hanumakonda, Warangal District. .....RESPONDENT 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 particularly one in the nature of writ of Certiorari calling for the records relating to and connected with the orders dated 18-12-2007 in O.A.No.5066/2007 on the A.P. Administrative Tribunal, Hyderabad and to quash or set aside the same by holding as erroneous and contrary and contrary to law and erroneous and pass Counsel for the Petitioners:GP FOR SERVICES I Counsel for the Respondent : . The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE P.S.NARAYANA WRIT PETITION NO :7899 of 2008 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioners seeking to set aside the order, dated 18.12.2007 passed by the A.P. Administrative Tribunal in O.A.No.5066 of 2007. The respondent herein is the applicant and the petitioners are the respondents before the tribunal. The status of the parties will herein after be referred to as arrayed before the tribunal for the sake of convenience. The applicant filed the above O.A., seeking to set aside the memo dated 24.7.2007 of the 1st respondent and to declare that he is entitled for the period from 15.6.2005 to 20.6.2006 as on duty by further directing the respondents to treat the said period as on duty for all purposes. It is the case of the applicant that while he was working as Lab attender in Government Junior College, Hanamkonda, he was transferred to Government Junior College, Maddur under the guise of redeployment on duty basis vide orders dated 26.5.2005. Hence, the applicant filed O.A.No.2361 of 2005 before the tribunal and the said O.A. was disposed of directing the respondents to maintain status quo in respect of the applicant as obtaining on 1.6.2005 for a period of one week so as to enable the applicant to prefer an appeal to the appellate authority along with stay petition. On that, the applicant made an appeal to the Government on 6.6.2005 and also marked a copy to the regional Director, Intermediate Education, Warangal. The said Regional Director rejected the appeal vide proceedings dated 13.6.2005. Having aggrieved by the same, he filed O.A.No.3530/05, in which, the tribunal suspended the orders dated 26.5.2005 and rejection proceedings dated 13.6.2005. In spite of the suspension orders, the respondents relieved the applicant on 15.6.2005 and did not give any consequential orders. While so, the tribunal allowed the O.A.No.3530 of 2005 and consequent thereto, the Government passed orders on appeal of the applicant and allowed the representation of the individual and set aside the order impugned therein. It is made clear that the Commissioner of Intermediate Education is free to redeploy the applicant by transfer to an equivalent post in any other Government Junior College, where there is a necessity in work load. Pursuant to the orders of the Government, the Commissioner of Intermediate passed the orders dated 12.6.2006 posting the applicant at Government Junior College for Boys, Narsampet, Warangal District and the applicant joined at that place on 21.7.2006 and filed O.A.No.3692 of 2006 before the tribunal and obtained interim orders, whereunder the respondents-authorities are directed to continue the applicant at Government Junior College for Boys, Hanumankonda. In view of the above orders, the respondents-authorities have issued interim orders posting the applicant at Government Junior College for Boys, Hanumankonda and at present, he is continuing as such. Thereafter, the applicant made a representation for regularizing the period from 15.6.2005 to 20.6.2006. But the same was rejected. The tribunal having observed that the statement made in the impugned orders that as a Government Servant the incumbent has to obey the orders issued by the competent authority and then, challenge the said orders, if he feels so, is not based on any rule, instructions or any authority and that in fact, when the tribunal has granted the interim orders, the respondents are bound to comply with the same by issuing consequential orders to continue the applicant at Government Junior College for Boys, Hanumakonda, but, the respondents-authorities have not done so and when the impugned orders issued by the Government and the subordinate officers were suspended, the applicant is not responsible for not working and it is the respondents, who are responsible for not issuing the consequential orders pursuant to the directions given by the tribunal, set aside the orders impugned and directed the respondents therein to treat the period from 15.6.2005 to 20.6.2006 as compulsory wait as the respondents have not issued necessary orders for continuing the applicant pursuant to the directions of the tribunal in the earlier O.A. Having aggrieved by the same, the present writ petition has been filed. Heard the learned Government Pleader and perused the material available on record. Perusal of the material on record and the impugned orders clearly goes to show that the tribunal having perused the orders passed in the earlier O.A., and having gone into the merits of the case, allowed the O.A. directing the respondents to treat the period in question as compulsory wait. Having regard to the facts and circumstances of the case and having gone through the orders impugned herein, it can be inferred that it is the respondents who are responsible for not allowing the applicant to work during the course of the interregnum period in question for the reasons best known to them. In this view of the matter, We have no hesitation to hold that the order of the tribunal does not suffer from any illegality or infirmity and the same needs no interference and therefore, the writ petition is devoid of merits and the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No order as to costs. _______________________ Justice T. Meena Kumari ____________________ Justice P.S.Narayana Date: 11/04/2008 Gurc/nn THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO.7899 OF 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) Dated: 11.04.2008