IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 3080 of 2009 Between: Smt.N.I. Meeramma W/o.P.Madhusudhana Reddy Mandal Parishad, Ieeja, Mahabubnagar District. ..... PETITIONER AND 1 The Regional Joint Director of School Education, Hyderabad. 2 The District Educational Officer, Mahabubnagar. 3 The Director of School Education, A.P. Hyderabad. 4 Government of Andhra Pradesh., School Education Department, rep. by its Principal Secretary, Secretariat, Hyderabad. .....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 to issue a writ, order or direction more in the nature of Mandamus declaring the impugned Proc. Rc.No.4679/A2/2008, dated 15.1.2009 issued by the Regional Joint Director of School Education, Hyderabad and not granting the interim orders by the Administrative Tribunal in O.A.No.1759 of 2009 on 5-2-2009 as unjust and consequently hold that the petitioner is entitled to continue as Mandal Educational Officer, M.P., Ieeja, Mahabubnagar District with all consequential benefits and pass such other and further orders. Counsel for the Petitioner:MR.D.LINGA RAO Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed challenging the order dated 5.2.2009 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.No. 1759 of 2009, wherein the Tribunal while admitting the O.A issued notice to the respondents returnable in four weeks. O.A was filed with the following prayer: “It is therefore prayed that this Hon’ble Court may be pleased to call for the records relating to the impugned proceedings in R.C.No. 4679/A2/2008, dated 15.1.2009 transferring the applicant from the post of Mandal Educational Officer to the Post of Head Mistress issued by the first respondent and consequential proceedings in R.C.No. B1/4848/2008 dated 17.1.2009 issued by the District Educational Officer, Mahaboobnagar and quash the same as illegal and arbitrary and hold that the applicant is entitled to continue as Mnadal Educational Officer, Leeja, Mahaboobnagar District and pass such other order or orders” As seen from the order passed by the Tribunal, the Tribunal while admitting the matter issued notice to the respondents returnable in four weeks so as to enable the Government Pleader to file counter affidavit. Due to non-grant of interim order, the petitioner approached this court and contended that the post of Mandal Education Officer is organized to local cadre and it is a zonal post and the transfer from the post of Mandal Educational Officer to the post of Headmistress of Zilla Parishad School is not permissible under law. Be that as it may, when once the Tribunal is seized of the matter and there is no decision rendered on merits, it is not fair for this Court to determine the rights of the parties. Hence, we are not inclined to entertain this Writ Petition and the same is liable to be dismissed. Accordingly, the Writ Petition is dismissed. However, we direct the Andhra Pradesh Administrative Tribunal to dispose of the matter within a period of two weeks from the date of receipt of a copy of this Order. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ B. SESHASAYANA REDDY, J Dt. 15.4.2009 KA Note: Furnish a copy of this order to the Registrar, A.P. Administrative Tribunal, Hyderabad. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Regional Joint Director of School Education, Hyderabad. 2 The District Educational Officer, Mahabubnagar. 3 The Director of School Education, A.P. Hyderabad. 4 Government of Andhra Pradesh., School Education Department, rep. by its Principal Secretary, Secretariat, Hyderabad. 5. 2CC to G.P. for Services I, High Court of A.P., Hyderabad OUT 6. 2 CD copies