IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 9889 of 2008 Between: 1 G. Krishnaiah S/o. G.Naraiah Atchampet, Mahabubnagar Dist. 2 Sharanappa S/o. Shankarappa Bomraspet, Mahabubnagar Dist. 3 K.Suresh Kumar s/o. Narayana Bomraspet, Mahabubnagar Dist. 4 Hanmanthu S/o, Sanjanna Khaillaghanpur, Mahabubnagar Dist. 5 B.Sulochana S/o. B.Ramachandra Rao Khaillaghanpur, Mahabubnagar Dist. 6 K.Bheem Reddy S/o. K. Shashi Reddy Atchampet, Mahabubnagar Dist. 7 G.Laxman goud s/o. G.Nagan Goud Kalwakurthy, Mahabubnagar Dist. 8 Md. Arifoddin S/o. Md. Moinnioddin Kalwakurthy, Mahabubnagar Dist. 9 N.Shylapathi S/o. n.Basavalingam Kalwakurthy, Mahabubnagar Dist. 10 Md. Nayeemoddin S/o. Md. Ruknoddin Atchampet, Mahabubnagar Dist. ..... PETITIONERS AND 1 The District collector ( TW ), Mahaboobnagar. 2 The Member Secreatary, Gurukulam, Hyderabad. 3 The District Tribunal Welfare Officer, Mahabubnagar 4 The Commissioner of Tribunal Welfare, A.P., Hyderabad. 5 Govt. of A.P., Rep. by its Principal Secretary, Social Welfare (TW) Department, Secreatariat, Hyderabad. .....RESPONDENTS 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 a writ, order or direction more in the nature of Mandamus declaring the Proc. Rc.No. A2/853/2007, dated 26-2-2008 issued by the District Collector (TW), Mahaboobnagar and the Notification Rc. No. C2/2356/2007, dated 20.12.2007 issued by the Member Secretary, Gurukulam and the orders of the Administrative Tribunal in O.A. No. 2543 of 2008, dated 9-4-2008 not granting interim directions as unjust and consequently hold that the petitioners are entitled to continue in service as S.G.Ts., in their respective posts and also entitled for regularization of their service as was extended similar vide G.O.Ms. No. 59, SW., dated 10.8.2007 and G.O. Ms. No. 66 dated 25.8.2006 with all consequential benefits and pass Counsel for the Petitioner: MR.D.BALA KISHAN RAO Counsel for Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Seeking a writ of mandamus declaring the proceedings Rc. No.A2/853/2007 dated 26.2.2008 issued by the first respondent herein whereby the services of the petitioners as Contract Teachers were terminated and consequent Notification Rc. No. C2/2356/2007 dated 20.12.2007 issued by the 2nd respondent, whereby applications were invited from qualified and interested candidates to work as Contract Resident Teacher in different subjects, on contract basis, for the academic year 2008-2009 and assailing the orders of the Tribunal in not granting interim directions in the above O.A., the applicants in the O.A. filed the present writ petition. The petitioners herein filed the above OA assailing their termination of services with effect from 23.4.2008 and filling up the same by issuing fresh notification, even though they were appointed after undergoing due process of selection as per the Government Orders and discharging duties on par with their counterparts SGTs. working in other schools in Zilla Parishads, Government, Municipalities. The Tribunal, having admitted the O.A., without passing any interim orders issued notices to the respondents returnable in four weeks. Aggrieved thereby, the petitioners herein preferred this Writ Petition inter alia contending that the respondents are taking active steps to fill up the posts by relieving the petitioners and the Tribunal without adverting to their contentions has issued notice. It is further submitted that if no interim orders are granted, the termination orders of the petitioners will take effect and the vacancies will be filled up, pursuant to the notification, in which event the petitioners cannot be compensated. Learned counsel for the petitioners submitted that the Tribunal in similar circumstances has granted the relief to the applicants in OA No. 7855 and 7861 of 2002 dated 12.9.2002 and directed the respondents therein to continue the petitioners in service in their respective vacancies and, therefore, sought for a similar direction to the respondents. Admittedly, the Tribunal did not advert to any of the contentions raised by the petitioners in the above O.A. Having regard to the facts and circumstances of the case and having regard to the orders dated 12.09.2002 made in O.A. Nos. 7855 and 7861 of ` 2002 by the Tribunal, we deem it appropriate to remand the matter back to the Tribunal for consideration afresh in pursuance of the orders passed in OA No. 7855 and 7861 of 2002, and pass appropriate orders within a period of two weeks from the date of receipt of a copy of this order. With the above observation, the writ petition is allowed and the matter is remanded back to the Tribunal for disposal afresh, as stated above. No order as to costs. ____________________ T.MEENA KUMARI, J. __________________ S.ASHOK KUMAR, J. April 30, 2008 MAS.