IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 15833 of 2006 Between: 1 The Regional Joint Director of School Education, Warangal District. 2 The District Educational Officer, Karimnagar, Karimnagar District. 3 The District Educational Officer, Warangal, Warangal District. 4 The Director of School Education, Andhra Pradesh, Hyderabad. 5 Government of Andhra Pradesh, rep. by its Secretary, Education Dept., Secretariat, Hyderabad. ..... PETITIONER(S) AND 1 D.Ramanatham S/o.Lachaiah O/o ZPHS (Boys), Jammikunta, Karimnagar District. 2 V.Chandraiah S/o.Venkanna O/o UPS Lingapur, Pegadapally Mandal, Karimnagar District. 3 A.Karunaker Rao S/o.Agaiah O/o ZPHS Kodipikunda, Hanamkonda Mandal, Warangal District. 4 P.Krishna Rao S/o.Kedari O/o ZPHS Taralapally, Hanamkonda Mandal, Warangal District. .....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 to issue an appropriate writ orders or direction more particularly one in the nature of Writ of Certiorari calling for records relating to and connected with orders dt. 2.11.2005 in OA No.7024/2005 and in VMA No.18/2006 in O.A. No.7024/2005, dt. 21.6.2006, on the ﬁle of Hon'ble APAT, Hyderabad and to quash or set aside the same by holding as erroneous and contrary to law and to pass. Counsel for the Petitioner:GP FOR SERVICES I Counsel for the Respondent No.: . The Court made the following : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 15833 of 2006 ORDER: (per the Hon’ble Sri Justice Ghulam Mohammed) 1. This writ petition has been ﬁled by the petitioners to quash the orders dated 2-11-2005 passed in V.M.A.No.18 of 2006 in O.A.No. 7024 of 2005 on the ﬁle of the A.P. Administrative Tribunal, Hyderabad by virtue of which the Tribunal has made interim direction as absolute and dismissed VMA.No. 18 of 2006. 2. The Respondents herein ﬁled the above O.A. challenging the action of the respondents therein in not considering their case for promotion to the post of Panel Grade H.M./MEO as per their seniority in terms of G.O.Ms.No.145 GAD, dated 15-6- 2004. 3. The main grievance of the petitioners is that though their names ﬁgured in the ﬁnal seniority list of the School Assistants prepared on 6-10-2005 for promotion to the post of Panel Grade H.M./MEO of Zone V, their names have been deleted in the altered seniority list prepared on 20-10-2005 without any notice and opportunity to them. 4. It is averred that the respondents have been orally informed that their promotion could not be considered as they did not join earlier in the promotional posts for various reasons. The Tribunal, after considering the rival submissions had granted interim direction vide its order dated 2-11-2005 which reads as follows: “Admit. Issue notice to the respondent’s returnable in four weeks. In view of the judgment, reported in 1996 (4) ALD 1234 in the case of M. Chandra Rao V. Registrar of A.P. Agriculture University, Hyderabad and another there shall be an interim direction to the respondents to consider the cases of the applicants along with others, for promotion to the post of panel grade HM/MEO in the exiting vacancy in accordance with their seniority” 5. The oﬃcial respondents in O.A. ﬁled this writ petition challenging the above order. This Court while admitting the writ petition on 31-7-2006 granted interim stay of the order. The respondents have ﬁled WVMP No. 2915 of 2008 seeking to vacate the interim stay granted by this Court, mainly on the ground that they are entitled to be considered for promotion in the existing vacancies of Panel Grade H.M./MEO, pending disposal of O.A. 6. It is seen from the record that notice was issued in the O.A. to the oﬃcial respondents. The oﬃcial respondents ﬁled counter aﬃdavit in O.A. and the matter is pending. The Tribunal granted interim direction to the petitioners to consider the case of the respondents for promotion to the post of Panel Grade H.M./MEO in the existing vacancy in accordance with the seniority and this was stayed by this Court on 31-7- 2006. The respondents claimed that they are entitled to be considered along with others for promotion. 7. Having regard to the nature of dispute we are not inclined to express any opinion on the merits of the case, inasmuch as the matter is already seized by the Tribunal and there is no final adjudication of O.A. on merits. 8. In the circumstances, we are inclined to direct the Tribunal to dispose of the O.A. on merits and in accordance with law, if not already done, preferably within a period of six weeks from the date of receipt of copy of this order. 9. Having regard to the averments made in the aﬃdavit ﬁled in support of the petition, we direct the oﬃcial respondents to consider the case of the petitioners for promotion to the post of Panel Grade H.M./MEO in existing vacancies in accordance with the seniority and the vacate petition is therefore allowed. 10. Subject to the above this writ petition is dismissed. No order as to costs. ________________________________ JUSTICE GHULAM MOHAMMED ______________________________ JUSTICE G.BHAVANI PRASAD 19th September, 2008. KM THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 15833 of 2006 19th September,2008.