IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND SEVEN :PRESENT: THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 13677 of 2007 Between: M.Sambasiva Rao S/o.M.Venkatappaiah, Asst. Librarian, V.R.Siddhartha Engineering College, Vijayawada, R/o.Poranki,Krishna District ..... PETITIONER AND 1 The State of Andhra Pradesh, rep.by its Secretary, Department of Technical Education, Secretariat, Buildings, Hyderabad 2 The Director of Technical Education, Government of Andhra Pradesh, BRKR Bhavan, Tank Bund, Hyderabad 3 Velagapudi Rama Krishna Siddhartha Engineering College, Vasanthanagar P.O.,Vijayawada-7, rep.by its Secretary and Correspondent 4 The Principal , Velagapudi Rama Krishna Siddhartha Engineering College, Vasanthanagar P.O., Viajaywada-7 .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an order or direction or writ specially writ of mandamus by a). declaring the action of the third respondent in not implementing the proceedings No.E4/17159/2003(D.Dis.) dated 23.4.2007 issued by the 2nd respondent is arbitrary, illegal, and violative of rights guaranteed to the petitioner under Article 14,16 and 21 of the constitution of India. b). direct the third respondent to forthwith take the petitioner into service by paying arrears of salary from 18.9.2003 to till date. The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and the order of the High court dated 28-6-2007 made in WPMP.No. 17148 of 2007 and upon hearing the arguments of SRI P.S. RAJASEKHAR, Advocate for the Petitioner and of the Govt. Pleader for Higher Education for the respondents 1 and 2 and of Sri C. Kodandaram, Advocate for the respondents 3 and 4, the Court made the following ORDER: The learned counsel for respondents Mr. C. Kodandaram states that aggrieved by the order dated 23-4-2007 an appeal has been filed before the Government on 16-6-2007 along with stay application, but the stay application could not be taken up for the reason that in the meanwhile, petitioner approached this court and obtained interim orders on 28-6-2007 interdicting the appellate proceedings. However, the same was subject matter of W.A.No. 746 of 2007, wherein the order in the WPMP was set aside and the matter was remanded. The order in WPMP is no more in force as on today and the matter has came up for fresh consideration. -2- Under those circumstances, the respondents are granted two weeks time to approach the appellate authority and seek for disposal of the stay application filed along with the appeal, if possible. If no orders are passed by the appellate authority within two weeks, the interim application in this writ petition will be heard on merits. Post after two weeks. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Secretary, State of Andhra Pradesh, Department of Technical Education, Secretariat, Buildings, Hyderabad 2 The Director of Technical Education, Government of Andhra Pradesh, BRKR Bhavan, Tank Bund, Hyderabad 3 The Secretary and Correspondent, Velagapudi Rama Krishna Siddhartha Engineering College, Vasanthanagar P.O.,Vijayawada-7. 4 The Principal , Velagapudi Rama Krishna Siddhartha Engineering College, Vasanthanagar P.O., Viajaywada-7. 5.2 CCs to the Govt. Pleader for Higher Education, High court of A.P.Hyderabad. (O.U.T) 6. One C.C.to Sri P.S. Rajasekhar, Advocate. (OPUC) 7. one spare copy. Bsr HIGH COURT CVR.J. DATED 30-10-2007 POST AFTER TWO WEEKS. ORDER W.P.NO. 13677 OF 2007 DIRECTION Bsr Dt. 1-11-2007 HIGH COURT CVR.J. DATED 30-10-2007 POST AFTER TWO WEEKS. ORDER W.P.NO. 13677 OF 2007 DIRECTION