THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.28187 of 2009 ORDER: (per VE,J) This writ petition is filed against the order dated 14.12.2009 passed by the Andhra Pradesh Administrative Tribunal in O.A.No.12496 of 2009 in rejecting to grant interim order. The petitioner herein filed the above O.A to call for the records relating to the proceedings of the first respondent-District Collector, K urnool vide Rc.No.999/A4/2009, dated 07.12.2009 and the consequential proceedings No.A1/625/2009 dated 08.12.2009 and to set aside the same. By the aforesaid proceedings, the first respondent cancelled the deputation of all the teachers, who are working in various departments; and directed the petitioner, who is working as Hostel Welfare Officer in Social Welfare Department on deputation from Education Department, to hand over complete charge of the hostel to one Sri C.Jaya Chandrappa and report for duty before the Head Master/Mandal Educational Officer concerned. The Tribunal, by the impugned order dated 14.12.2009, while issuing notice before admission, rejected to grant interim order for want of prima facie case, since the applicant is on deputation only. We have heard the learned counsel on either side and considered the entire material available on record. The learned counsel appearing for the petitioner submits that in response to letter Rc.No.A1/928/2001, dated 14.02.2002 issued by the first respondent calling for explanations from the eligible and qualified in service teachers to work as Grade-II Hostel Welfare Officers in Social Welfare Department with certain conditions, the petitioner applied for the said post; that though the application of the petitioner and others were considered, the first respondent issued proceedings Rc.No.A1/928/2001, dated 19.02.2003 stating that 13 teachers have been selected by the committee to work as Hostel Welfare Officers Grade II in Social Welfare Department on permanent basis, but permission from the Commissioner of School Education for permanent absorption is still awaited and that among 13 teachers, six teachers have given their consent to work as Hostel Welfare Officers Grade II in Social Welfare Department on deputation basis and therefore, the said teachers were appointed as Grade II Hostel Welfare Officers on deputation basis for a period of one year. He further submitted that the petitioner is at Sl.No.3 in the said proceedings dated 19.02.2003. Though the deputation was only for a period of one year, it appears that it was extended from time to time. It is not in dispute that as per the Rules issued in G.O.Ms.No.189, Social Welfare (A2) Department, dated 31.12.1997, there is a provision for appointment of Grade II Hostel Welfare Officer from other departments also. But the fact remains that the parent department of the petitioner i.e., the Commissioner of School Education has not accorded permission for permanent absorption to Social Welfare Department. The Commissioner and Director of School Education, A.P. Hyderabad in her letter Rc.No.7420/D2-4/09 dated 27.11.2009 requested the District Collector, Kurnool to relieve all the teachers who are working on deputation in other departments for effective functioning of schools and thereby to improve academic performance of the students. Pursuant to the said request of the parent department of the petitioner, the District Collector, Kurnool has issued the proceedings impugned in the O.A dated 07.12.2009 dated 08.12.2009 cancelling the deputation of all the teachers, who are working in various departments, and requesting the concerned Heads of offices to relieve the teachers immediately with instructions to report back in their respective schools where they were working prior to their deputations; and requesting the petitioner to report for duty before the Head Master/Mandal Education Officer concerned respectively. In view of the above, we are of the opinion that the Tribunal has rightly refused to suspend the operation of the proceedings dated 07.12.2009 and 08.12.2008, since the petitioner never questioned the proceedings of his parent department dated 27.11.2009 requesting the first respondent to relieve all the teachers, who are working on deputation. The learned counsel for the petitioner submitted that the petitioner has filed O.A.No.9651 of 2008 before the Andhra Pradesh Administrative Tribunal for permanent absorption of his services as Grade II Hostel Welfare Officer by extending the same benefit that was given to the juniors, and the said O.A is still pending. As long as favourable orders are passed in favour of the petitioner in the said O.A, even according to the petitioner it cannot be said that he is not working on deputation and that he was already absorbed. Further, the petitioner never questioned the proceedings of his parent department dated 27.11.2009. Therefore, we are of the opinion that there are no merits in the O.A itself. Accordingly, the writ petition is dismissed and the O.A stands dismissed. No order as to the costs. _____________________ V.ESWARAIAH, J _____________________ VILAS V. AFZULPURKAR, J Date: 24.12.2009 va