THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.Nos.16282, 16294 and 16300 OF 2009 Dt.14.10.2009 W.P.No.16282 of 2009 Between: B.Krishna Naik .. Petitioner And The District Educational Officer, Anantapur And others .. Respondents W.P.No.16294 of 2009 B.Sreerama Naik .. Petitioner And The District Educational Officer, Anantapur And others .. Respondents W.P.No.16300 of 2009 G.Venkata Chalapathi .. Petitioner And The District Educational Officer, Anantapur And others .. Respondents THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.Nos.16282, 16294 and 16300 OF 2009 COMMON ORDER: (Per Sri Justice Vilas V. Afzulpurkar) Petitioners in these writ petitions seek to challenge the orders of the Andhra Pradesh Administrative Tribunal, dated 3.8.2009, in O.A.Nos.9000, 9001 and 9002 of 2009 respectively. All the three petitioners had approached the Tribunal questioning the show cause notice issued by the District Educational Officer, Anantapur in Rc.No.2043/A3- 1/B1/2009, dated 28.7.2009. By the impugned order of the Tribunal, the said O.As., were dismissed on the ground that the O.As., are directed only against the show cause notice and it is open for the petitioners to submit explanation giving liberty to the petitioners to approach the Tribunal against the final orders, if any, passed. Aggrieved thereby, the petitioners have approached this Court. While admitting the writ petitions on 12.8.2009, this Court made the following interim order: “O.A.No.9001 of 2009 was filed questioning the show cause notice in Rc.No.2043/A3-1/B1/2009, dated 28.7.2009, issued by the District Educational Officer, Anantapur, calling upon the petitioner to submit explanation as to why he shall not be reverted. The said notice was issued on account of interim orders of the Tribunal in O.A.Nos.3827, 3844 and 4866 of 2009 moved by unofficial respondents. The said interim direction was to pass orders on representations of applicants therein. The Tribunal by the impugned order dated 3.8.2009 dismissed the present O.A.9001 of 2009, which was filed questioning the show cause notice dated 28.7.2009. The said impugned show cause notice has been issued proposing to revert the petitioner. As the O.A.No.3827 of 2009 and batch is still pending and petitioners herein though not parties thereto, are likely to be affected by order of reversion, if passed. Having regard to the facts and circumstances of the case, there shall be interim suspension as prayed for.” Learned Government Pleader for Services-I appearing on behalf of the official respondents has now filed counter affidavit together with an application seeking vacation of the said interim order. We have heard the learned counsel for the petitioner as well as the learned Government Pleader appearing on behalf of the official respondents. The main contention of the learned Government Pleader, as is apparent from the counter affidavit, is that the promotions of the petitioners were found to be irregular and instead the unofficial respondents herein ought to have been promoted and therefore the official respondents gave show cause notice to the petitioners and at that stage the petitioners had filed the said O.As. Learned counsel appearing for the petitioners contends that the show cause notice is being given in pursuance of the directions of the Tribunal in O.A.Nos.3827, 3844 and 4866 of 2009, dated 3.3.2009, filed by the unofficial respondents herein. The learned counsel also states that the petitioners herein are not parties to the said O.As and by virtue of the interim order to consider the cases of the unofficial respondents (applicants in the above three O.As) promotions granted to the petitioners herein are sought to be reviewed and they are likely to be reverted. From the material available on record, we find that one of the petitioners is a party to the said batch of three O.As., referred to above and the same are still pending. In pursuance of the impugned show cause notice, the petitioners had not filed any explanation and final order was passed by the District Educational Officer, Anantapur, in Rc.No.2043/A3-1/B1/2009, dated 10.8.2009, whereby the unofficial respondents are promoted reverting the petitioners. Learned counsel for the petitioners states that the interim orders passed by this Court are directed to be implemented by the Government vide memo No.16930/SE- Ser.I.2/2009, dated 6.10.2009, and by virtue of the same the order of reversion dated 10.8.2009 had not been given effect to. The learned counsel further states that the petitioners are continuing in the posts to which they were promoted. It is to be seen that the order of reversion of the petitioners and the consequential promotion of the unofficial respondents was passed by the District Educational Officer on 10.8.2009, which is two days earlier to the interim order of this Court on 12.8.2009. Be that as it may, since the final order of reversion is passed against the petitioners on 10.8.2009 and the present proceeding arises out of the show cause notice dated 28.7.2009 and the said show cause notice now stands merged in the final order of reversion dated 10.8.2009, it is just and proper to relegate to the petitioners to pursue appropriate remedy available against the said order dated 10.8.2009 passed by the District Educational Officer, Anantapur. The writ petitions are therefore dismissed giving liberty to the petitioners to question the order of the District Educational Officer, Anantapur, dated 10.8.2009, referred to above, if they are so advised. Since the petitioners are continuing in the promotion posts, status quo existing as on today shall be maintained for ten days from today. ________________ V.ESWARAIAH, J. _________________________ VILAS V. AFZULPURKAR, J. 14.10.2009 Note: Issue copy within three days B.O. kpr