IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH 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 : 28490 of 2008 Between: A.V. Ramana, S/o. Dalayya, Government High School, Seethampeta, Srikakulam. ..... PETITIONER AND 1 The District Collector, Srikakulam. 2 The District Educational Officer, Srikakulam. .....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 issue an order or direction more particularly one in the nature of Writ of Mandamus to set aside the Impugned Rc.No. SPL2/A9/2008 dated 11-10-2008 as highly arbitrary, illegal and discrimination. Counsel for the Petitioner: MR.K.R.SRINIVAS Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following : ORDER: (per the Hon’ble Mr.Justice Ghulam Mohammed) This writ petition is filed seeking a writ of mandamus to set aside the impugned proceedings in Rc.No.Spl.2/A9/2008 dated 11-10-2008 as highly arbitrary and illegal. The petitioner filed O.A.No.8446 of 2008 on the file of the A.P. Administrative Tribunal, Hyderabad, to declare the impugned proceedings in Rc.No.Spl.2/A9/2008 dated 11-10-2008 of the second respondent as arbitrary and illegal and consequently to set aside the same. By virtue of the impugned proceedings the petitioner was placed under suspension. The grievance of the petitioner is that initially on 20-10-2008 the matter was listed for admission and for granting of interim orders. However, at request of Government Pleader, the OA was posted after two weeks. On 29-10-2008, again at request of Government Pleader for production of records the matter was posted after two weeks. On 12-11-2008, 18-11-2008 and 28-11-2008 at request of Government Pleader for production of records the matter was adjourned to 15-12-2008. On 15-12-2008, the matter was posted after pongal vacation for filing counter-affidavit. Despite affording reasonable opportunity to the learned Government Pleader, they did not take any steps to proceed with the matter and did not file any counter-affidavit so far. Having regard to the facts and circumstances of the case and since the matter is to be decided by the Tribunal, we deem it appropriate to direct the Tribunal to dispose of the OA. Accordingly, the Writ Petition is disposed of directing the Tribunal to dispose of O.A.No.8446 of 2008 within a period of six weeks from today. The respondents shall file the counter-affidavit so as to enable the Tribunal to dispose of the matter on merits. No costs. ____________________ GHULAM MOHAMMED, J ______________________ B.SESHASAYANA REDDY, J 30th December, 2008 SKM