THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.11823 OF 2009 ORDER: (Per Sri Justice Vilas v. Afzulpurkar) The petitioners in this writ petition are respondents in O.A.No.8775 of 2008 pending before the Andhra Pradesh Administrative Tribunal. The respondent herein, who is the applicant before the Tribunal, is working as Associate Lecturer in Civil Engineering, Smt. Durgabai Desmukh Government Women’s Technical Training Institute, Vengalrao Nagar, Hyderabad. He questioned the inaction on the part of the 2nd petitioner in not implementing the orders of the 1st petitioner in Procs.No.217/B/E1/99 dated 4.4.2008, absorbing the respondent herein as Associate Lecturer in Civil Engineering with all consequential benefits with effect from 22.12.1984. By an interim order dated 30.10.2008 the Tribunal directed the 2nd petitioner to implement the orders of the 1st petitioner dated 4.4.2008. The petitioners herein filed V.M.A.No.8 of 2009 seeking vacation of the stay order and when the matter was heard, the Tribunal under the impugned order dated 23.4.2009 dismissed the vacate application. Aggrieved thereby, the present writ petition is filed. Learned Government Pleader for Services-II submits that the order of the 1st petitioner dated 4.4.2008 was kept in abeyance which was specifically mentioned in para 4 of the counter affidavit filed before the Tribunal and without noticing the same the Tribunal has made the stay absolute by merely stating that the contentions in the counter affidavit are not convincing. The learned Government Pleader submits that the case put up by the petitioners in the counter affidavit has not been considered by the Tribunal and therefore the petitioners seek to invoke jurisdiction of this Court by this writ petition. While issuing notice before admission, this Court by order dated 17.6.2009 ordered that it is open for the petitioners to pass appropriate orders with regard to the proceedings dated 4.4.2008 without reference to the interim orders passed by the Tribunal. The learned Government Pleader has now produced before us a copy of memo No.254/B/WTTI/02, dated 30.7.2009, reiterating that the orders of the 1st petitioner dated 4.4.2008 are kept in abeyance. The copy of the note file is also produced showing that on 18.4.2008 itself the order dated 4.4.2008 was kept in abeyance by the officer, who passed the said order, for want of clarification from the Government. The learned counsel for the respondent submits that the aforesaid order dated 4.4.2008 was passed in pursuance of the earlier order of the Government in G.O.Ms.No.204, Education (te.2) Department, dated 19.6.1999, whereunder a decision was taken regarding absorption of the Associate Lecturers in Government Polytechnic with effect from 22.12.1984. The subject matter of the aforesaid O.A, is for implementation of the orders of the 1st petitioner dated 4.4.2008 and the said proceedings have been issued in furtherance of G.O.Ms.No.204, dated 19.6.1999 for absorption of the respondent herein. Keeping the said order in abeyance for want of clarification from the Government would in any case would not affect operation of G.O.Ms.No.204, above. In that view of the matter, the order of the Tribunal impugned herein is justified and warrants no interference. The writ petition is therefore devoid of merit and is liable to be dismissed and accordingly dismissed. The learned Government Pleader, however, submits, that since they are waiting clarification from the Government some time may be granted to enable the petitioners to implement the orders passed by the Tribunal. Accepting the said request, we grant two weeks time from today to enable the Government to implement the orders of the Tribunal. It is needless to mention that in default of the implementation of the said order, the Tribunal would proceed further with C.A.No.827 of 2008 already pending before it and pass appropriate orders. Subject to the above, the writ petition is dismissed. No order as to costs. ________________ V.ESWARAIAH, J. __________________________ VILAS V. AFZULPURKAR, J. 7.8.2009 kpr