THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.27388 of 2011 September 30, 2011 Between: The Government of Andhra Pradesh, represented by its Secretary, School Education (Ser.I) Department, Secretariat, Hyderabad And others .. Petitioners And Gosu Srinivasulu, S/o.G.Venkata Subbaiah And others …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.27388 of 2011 ORDER: (per Hon’ble Sri Justice V.V.S.Rao) The respondents 1 to 9 herein were appointed as Secondary Grade (SG) Teachers during the period from 1991 – 2002. In the District Selection held in 2003, they were selected as School Assistants. They were paid stipendiary allowance of Rs.1,500/- per month. They were not given the benefit of pay protection though they worked earlier as SG Teachers. However, similar benefit was extended to one Smt.P.Nagaveni in accordance with FR 22(e) of the Fundamental Rules read with Rule 30(e) of the Andhra Pradesh State and Subordinate Service Rules, 1996. After the Government issued orders vide G.O.Ms.No.146, dated 15.6.1995 extending the benefit to Smt.P.Nagaveni, they also sought for redressal from the Government, in vain. They, therefore, invoked the jurisdiction of the Andhra Pradesh Administrative Tribunal by filing O.A.No.6844 of 2006 inter alia seeking a direction to appropriate authorities to give the same benefit to them. By order dated 23.10.2009, the learned Tribunal disposed of the O.A. directing the petitioners to pass appropriate orders protecting the pay of the respondents with consequential benefits. In this writ petition filed about two years after disposal of the O.A. by the learned Tribunal, the delay is not explained. There is no even a whisper giving reasons for the delay. Our attention has been invited to paragraph 20 of the affidavit filed by the Joint Director (Elementary Education) in the Office of the Commissioner & Director of School Education in support of the writ petition. The same reads as under. I submit that 3rd petitioner immediately after the receipt of orders of Hon’ble Andhra Pradesh Administrative Tribunal on 21.11.2009 the Commissioner & Director of School Education on 16.7.2010 for guidance in matter. The Commissioner & Director of School Education after consulting the concerned authorities and after examining the issue tried for the settlement of the issue. But, by the time, the higher authorities are going to take decision, the issue was stretched upon further by the Hon’ble Andhra Pradesh Administrative Tribunal in its further orders dated 17.2.2010 extending the benefits to some other candidates. I submit that on examining the issue in detail, the Government took decision to challenge the common judgment of Hon’ble Andhra Pradesh Administrative Tribunal and consequently as stated at Para (19) above, this Hon’ble Court is pleased to grant interim suspension of Andhra Pradesh Administrative Tribunal orders. Since, the present issue also a subject matter of the connected batch of WPs, the petitioners are praying this Hon’ble Court to seek similar orders as considering the issues would amount to unnecessary exchequer to the State finance and it is policy decision. After perusing the above, we are convinced that there is no proper explanation for filing the writ petition with delay of about two years. For this reason, we are not inclined to entertain the writ petition. The writ petition is, therefore, dismissed. ________________ (V.V.S. RAO, J) ___________________ (K.G.SHANKAR, J) September 30, 2011 YS