IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.17179 of 2009 Between: K.Sam Kumar and 7 others ..... PETITIONERS AND The Government of Andhra Pradesh Rep.by its Secretary Municipal Administration & Urban Development, Secretariat, Hyderabad & 35 others .....RESPONDENTS Counsel for the Petitioner: MR.NANDIGAM KRISHNA RAO Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.17179 of 2009 ORDER: (per Hon’ble Sri Justice V.Eswaraiah) Heard both the counsels appearing for the petitioners as well as the respondents/applicants in O.A.8381/2009 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (hereinafter referred to as “the Tribunal”). This writ petition is filed against the interim order of the Tribunal in O.A.8381/2009, dated 21.07.2009. The applicants in O.A.8381/2009 who are the respondents 8 to 36 herein are working as Secondary Grade Teachers in various Mandal as well as Zilla Parishad schools in Chinagadili Mandal of Greater Visakha Municipal Corporation. It is stated that pursuant to the orders of the Government, 32 Gram Panchayats as well as Gajuwaka Municipality have been merged in the Greater Visakha Municipal Corporation and pursuant to the said merger, the Greater Visakha Municipal Corporation has proposed to take over all Zilla Parishad Schools along with staff. The Zilla Parishad Management has also passed a resolution resolving to hand over the Zilla Parishad schools along with the staff to the Greater Visakha Municipal Corporation. It is further stated that absorption of the Staff with the Greater Visakha Municipal Corporation is pending consideration by the Government. It is further stated that as there is likelihood of taking over all the Zilla Parishad Schools by the Greater Visakha Municipal Corporation, and if that be so, the petitioners who are working within the area of the Greater Visakha Municipal Corporation would also likely to be absorbed and therefore, they cannot be subjected to transfer pursuant to the transfer policy of the Government in G.O.Ms.No.15, dated 26.01.2009. A Perusal of the order of the Tribunal dated 21.07.2009 goes to show that following the earlier similar order passed in O.A.Nos.7665/2009 & batch dated 16.07.2009, the present impugned interim order was passed directing the official respondents not to notify the posts of various categories of teachers in the jurisdiction of the respective Municipal Corporations and retain and continue them till the disposal of the O.As. It is the case of the writ petitioners herein that they are working in remote areas under the control of Zilla Parishad Management of Visakhapatnam District and as they are working in remote villages having less HRA, they are entitled to more points and there is likelihood of their posting within the place of their choice in the Corporation areas and therefore they seek direction to the official respondents to consider their cases and post them to the places of their choice. Similarly situated persons working in Kadapa Zilla Parishad questioned the interim orders passed in O.A.7665/2009 & batch which include O.A.8035/2009 on the file of this Court in W.P.15588/2009, and this Court considered the similar contentions of the respective parties therein and allowed the said writ petition, setting aside the interim orders of the Tribunal. Therefore, following the aforesaid judgment of this Court in W.P.15588/2009 dated 04.08.2009, we are inclined to allow this writ petition. Accordingly, the impugned order is set aside and the Writ Petition is allowed. However, the Tribunal is directed to dispose of the main O.A. after giving opportunity of hearing to both sides, as expeditiously as possible, without any undue delay. No order as to costs. _____________________ V.ESWARAIAH,J _______________________________ VILAS V. AFZULPURKAR,J Dated: 19.08.2009 Dsr Note: Furnish copy tomorrow. B/o Dsr