THE HON'BLE MR JUSTICE V ESWARAIAH AND THE HON’BLE SRI JUSTICE K.S.APPA RAO WRIT PETITION No.29508 of 2011 DT.04-11-2011 Between: Smt G.Padmavathi w/o V.Ravindara Babu … Petitioner And The District Education Officer, Ranga Reddy District & Ors … Respondents Counsel for the petitioner: G.Seena Kumar Counsel for respondents Sri The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH AND THE HON’BLE SRI JUSTICE K.S.APPA RAO WRIT PETITION No.29508 of 2011 O R D E R: (Per Hon’ble Sri Justice V.Eswaraiah) The petitioner herein is the applicant filed O.A.No.10810 of 2001 to declare the action of the 1st respondent/District Education Officer, Ranga Reddy District in not promoting her as the School Assistant Hindi as per her seniority and eligibility in the counselling that was held in the 1st Week of October, 2009 or on any subsequent date as illegal and to declare that the applicant is eligible for promotion and for the consequential seniority. The said O.A.10810/2009 was disposed of by the impugned order dated 13-9-2011 on the ground that the enquiry is pending against the petitioner with regard to the false information said to have been furnished by her relating to the promotion counselling held in the month of January 2009 and that she was also placed under suspension by the District Education Officer on 17-08-2009 and the Mandal Educational Officer, Balanagar was appointed as enquiry officer to enquire into the matter and the report of the enquiry officer is awaited. It is also to be noticed that she was reinstated into duty and is continuing as such and again promotion counselling was held on 29-10-2009 and her name was placed in the seniority list fit for promotion to the post of School Assistant (Hindi), but her case was not considered by the Selection Committee and was overlooked on the ground that she submitted false information for which disciplinary proceedings are pending. In the said O.A.10810 of 2009 the Tribunal directed the respondents to complete the enquiry within a period of eight weeks from the date of receipt of the order, and basing on the result of the enquiry report, to consider her case for promotion to the post of School Assistant (Hindi) by including her name in the promotion counselling to be held in future. It is the case of the petitioner that with regard to the so called enquiry she questioned the charge memo issued in Rc.No.5178/A-3/09-3 and the consequential Memo No.5178/A2/2009-4 both of even date dated 29-08- 2009 of the 1st respondent by filing O.A.No.12400 of 2009 and the Tribunal passed an interim order dated 9-12-2009 suspending the said charge-memo and directing 3rd respondent to implement the proceedings issued in Rc.No.5178/A2/09 dated 29-09-2009. It is also not in dispute that the District Education Officer vide proceedings in Rc.No.4608/E8/2009 dated 16-01- 2010 promoted the petitioner to the post of School Assistant (Hindi) pursuant to the interim orders passed in O.A.No.10810 of 2009 dated 30-09-2009 and posted the petitioner at Z.P. High School, Nancharla, Gandeed Mandal, Ranga Reddy District and as such she is presently working as School Assistant. It is stated that in the connected matter in O.A.No.12400 of 2009 inasmuch as the Tribunal by order dated 9-12-2009 suspended the charge- memo staying the suspension, the direction in the impugned O.A.No.10810 of 2009 to complete enquiry will be in conflicting with the orders passed in the pending O.A.No.12400 of 2009. It is further stated that as the counsel for the petitioner could not appear on 13-09-2011 before the Tribunal due to agitation by the advocates, the said facts could not be brought to the notice of the Tribunal, which resulted in passing the impugned order. It is stated that the connected O.A.No.12400 of 2009 is already listed for hearing. In the facts and circumstances of the case, we are of the opinion that the directions issued in the impugned O.A.No.10810 of 2009 are in conflicting with the orders pending in the connected O.A.No.12400 of 2009. Therefore, it is just and proper to hear both the O.As viz., O.A.No.18010 of 2009 and O.A.No.12400 of 2009 filed by the applicant and dispose of the same in accordance with law. Accordingly, the Writ Petition is allowed, and the impugned order dated 13-9-2011 passed in O.A.No.10810 of 2009 is set aside and the matter is remitted back to the A.P. Administrative Tribunal for hearing and disposing O.A.No.10810 of 2009 along with O.A.12400 of 2009 as expeditiously as possible without any undue delay, in accordance with law. No costs. ______________ V. ESWARAIAH,J ________________ K.S.APPA RAO,J DATE:04-11-2011 grk THE HON'BLE MR JUSTICE V ESWARAIAH AND THE HON’BLE SRI JUSTICE K.S.APPA RAO (The Judgment of the Bench pronounced by Hon’ble Sri justice V.Eswaraiah) WRIT PETITION No.29508 of 2011 DT.04-11-2011 GRK