IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT HON'BLE MR JUSTICE V. ESWARAIAH AND HON’BLE MR JUSTICE VILAS V. AFZULPURKAR DATE:03.12.2009 WRIT PETITION NO. 26147 OF 2009 Between: The Commissioner and Director of School Education and two others ..... Petitioners AND V. Rajamouli and 12 others .....RESPONDENTS ORDER: (per Sri Justice VILAS V AFZULPURKAR ) This Writ Petition is moved by the respondent in O.A.No. 10004 of 2009 against the orders of the Tribunal dated 26.8.2009. The aforesaid order was an order admitting the O.A by issuing notice to the respondents and pending O.A, interim suspension of the impugned proceedings RC No. A2/532/2009 dated 5.8.2009 was granted with a direction to the respondents 3 to 8 therein to continue the applicants as School Assistants (English) The petitioners herein contend that the order of promotion of the applicants itself was found to be not justified and thereupon, they were given a show cause notice dated 17.7.2009, to which all the applicants have submitted explanation dated 23.7.2009 and thereafter, the impugned orders of reversion were passed by the District Educational Officer, Karimnagar on 5.8.2009. The learned Government Pleader also submits that though the petitioners herein have filed a counter together with an application to vacate stay order, the said application seeking vacation of the order is not taken up and admittedly, the respondents (applicants) have filed Contempt Application No. 882 of 2009, which is entertained by the Tribunal and by order dated 11.11.2009 appearance of the District Educational Officer, Karimnagar is ordered on 2.12.2009. The learned Government Pleader also made certain submissions on the merits of the matter. Learned counsel for the respondents has taken notice on behalf of the respondents and submits that earlier to the present O.A , the respondents have filed O.A No. 8869 of 2009 before the Tribunal, questioning the show cause notice dated 17.7.2009 and by the order of the Tribunal dated 30th July 2009, while admitting the said O.A, show cause notice itself was suspended. Learned counsel produced a copy of the aforesaid order and submitted that notwithstanding the suspension of the show cause notice, final orders of reversion dated 5.8.2009 are passed by the District Educational Officer ignoring the order of the Tribunal. He also submits that the respondents have not been paid salaries. It is therefore, apparent that not only the present O.A.No. 8869 of 2009 interim order therein, is also pending before the Tribunal. Petitioners herein have filed a counter affidavit together with vacate stay petition VMA No. 2288 of 2009 in O.A.No. 8869 of 2009. In O.A.No. 10004 of 2009 no counter affidavit is filed so far . A copy of the counter affidavit, which is filed along with the present Writ Petition shows that the primary aspect relating to the pendency of O.A.No. 8869 of 2009 is not at all referred in the counter affidavit. The petitioners also have not explained as to how they could pass final orders of reversion when the show cause notice dated 17.7.2009 was itself suspended by the Tribunal on 30.7.2009. A reading of the counter affidavit filed by the petitioners in the present O.A shows that it is very casually drafted without applying mind and without traversing the allegations which had to be dealt with and if necessary, to be controverted. Learned counsel for the respondents also brought to our notice that when the interim orders of suspension of the show cause notice, was communicated to the DEO, instead of complying with the same, he sought instructions from the Commissioner seeking directions as to whether he should follow Commissioner’s order or Tribunal’s order. Perhaps on account of this attitude, the Tribunal has initiated contempt proceedings against the DEO. Be that as it may, in view of the fact that two O.As consist the same subject matter, as referred to above, are pending before the Tribunal and the petitioners herein have already filed counter affidavit together with vacate stay petition VMA No. 2288 of 2009 in O.A.No. 10004 of 2009, we deem it appropriate to request the Tribunal to hear and dispose of both the O.As together with aforesaid VMA No. 2288 of 2009 and Contempt Case together, as expeditiously as possible. Since the present Writ Petition is directed against the interim order of the Tribunal, we are not inclined to interfere with the same. The petitioners shall be at liberty to file counter affidavit in O.A No. 10004 of 2009 including the additional counter affidavit in the present O.A No. 8868 of 2009. The Tribunal, as requested, shall hear and dispose of the matter together as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. Writ Petition is dismissed, with the aforesaid directions. There shall be no order as to costs. ___________________ V. ESWARAIAH,J _________________​______ VILAS V. AFZULPURKAR , J DATE: 03.12.2009. KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies