IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 8246 of 1999 Between: ..... PETITIONER AND .....RESPONDENT(S) 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 Counsel for the Petitioner: MR.P.RAGHAVENDRA REDDY Counsel for the Respondent No.: MR.V.V.NARASIMHA RAO The Court made the following : O R D E R: (Per B.Seshasayana Reddy,J) This Writ Petition has been filed assailing the order dated 29.12.1998 passed in O.A.No.9077/98 on the file of Andhra Pradesh Administrative Tribunal, Hyderabad whereby and where under the learned Tribunal has set aside the proceedings in Roc.No.E5/6107/98, dated 15.12.1998 issued by Zilla Parishad posting 4th respondent as School Assistant, Z.P.High School, Kotakonda, Mahabubnagar District in the existing vacancy. Brief facts of the case leading to filing of this writ petition by Zilla Parishad represented by its Chief Executive Officer, Mahabubnagar are: 4th respondent-Navad Reddy selected as SGBT by the Zilla Parishad District Selection committee on 29.12.1973. Later he was promoted as School Assistant. He was holding additional charge of Mandal Educational Officer, Mandal Parishad, Hunwada, Mahabubnagar District vide proceedings of the District Educational Officer, Mahabubnagar vide No.B1/3595/93 dated 6.12.1993. The post of Mandal Educational Officer has been upgraded to gazetted status by G.O.Ms.No.565 Education (Ser.I), Department, dated 16-11-1998. He was transferred and posted as Senior Assistant in Z.P. High School, Kotakonda, Mahabubnagar District by proceedings dated 15.12.1998 in Roc.No.E5/6107/98. He questioned the proceedings by filing O.A.No.9077 of 1998 in the Andhra Pradesh Administrative Tribunal, Hyderabad on the ground that the Chief Executive Officer is not competent to issue the proceedings. Learned Tribunal upheld his contention and thereby cancelled the proceedings dated 15.12.1998. Assailing the orders passed by the Tribunal, the respondent therein-The Zilla Parishad has filed this writ petition. Rule nisi came to be issued on 21-4-1999. An order of interim suspension also came to be granted on the even date vide WPMP.No.10212 of 1999. When the writ petition came up for final hearing, learned counsel appearing for 4th respondent submits that 4th respondent who is the applicant in O.A.No.9077 of 1998 has retired from his service and what remains for consideration is only with regard to the period of service from 29.12.1998 to 21.4.1999. The factual aspect of 4th respondent retiring from service is not controverted by learned counsel appearing for the writ petitioner. Consequent to the interim direction of this Court on 21.4.1999 the 4th respondent seems to have joined as School Assistant. Therefore, the period to be regulated is from 29.12.1998 to 21.4.1999 i.e. the day on which the interim suspension came to be granted. The absence of 4th respondent from 29.12.1998 to 21.4.1999 shall be treated as a compulsory wait. In the result, the order passed by the Tribunal is set aside and consequently the proceedings of the Chief Executive Officer, Zilla Parishad, Mahaboobnagar dated 15.12.1998 are upheld. However, the absence of the 4th respondent from 29.12.1998 to 21.4.1999 shall be treated as compulsory wait. Accordingly, this writ petition is disposed of. No order as to costs. 4th December, 2008. (GHULAM MOHAMMED,J) (B.SESHASAYANA REDDY,J) TNB ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{ } THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.8246 OF 1999 (Judgment of the Division Bench per Justice B.Seshasayana Reddy) 4th December, 2008.