IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 3186 of 2009 Between: 1 K.Krishna Murthy S/o.Rajesham O/o. ZPHS, Gonepally, Mandal Chinna Kodur, Medak District. 2 V.Sampath Kumar S/o.Venkat Narsaiah O/o. ZPHS, Turkal Kanapur, Hatnoora Mandal, Medak District. 3 Cornel Singh S/o.K.R.Samuel O/o. ZPHS, Talamadugu Adilabad District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, represented by its Secretary, (Services), GAD A.P. Secretariat, Hyderabad. 2 The Commissioner of Panchayat Raj, Andhra Pradesh, Hyderabad. 3 The District Collector, Medak, Medak District. 4 The District Collector, Adilabad, Adilabad District. 5 The Chief Executive Officer, Zilla Parishad, Medak, Medak District. 6 The Chief Executive Officer, Zilla Parishad, Adilabad, Adilabad District. .....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 orders more particularly one in the nature Writ of Mandamus to declaring that the impugned G.O.Ms.No.738 GAD dated 22.12.2008 issued by the 1st respondent and the orders dated 4.2.2009 of the Hon'ble A.P.A.T. in O.A.No.860 of 2009 as illegal, null and void and consequently direct the respondents to promote the petitioners to the post of Junior Assistants strictly as per the G.O.Ms.No.365 dated 17.8.2005 with all consequential benefits by holding the action of the 1st respondent in canceling the G.O.Ms.No.365 GAD dt. 17.8.2005 without any notice and opportunity either to the Association of the Record Assistant Employees or to the petitioner is as illegal, arbitrary, discriminatory and subversive of Articles 14 and 16 of the Constitution of India. Counsel for the Petitioner:MR.CH.JAGANNADHA RAO Counsel for Respondent Nos.1 to 4: GP FOR SERVICES I Counsel for Respondent Nos.5 and 6: MR.G. ELISHA. The Court made the following : ORDER: (Per GM, J) This writ petition is filed seeking a writ of mandamus declaring G.O.Ms.No.738, General Administration Department, dated 22.12.2008 issued by the first respondent and the order dated 04.02.2009 of the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.No.860 of 2009, as illegal and arbitrary and consequently to direct the respondents to promote the petitioners to the posts of Junior Assistant as per G.O.Ms.No.365, dated 17.08.2005 with all consequential benefits. 2. The petitioners are working as Record Assistants in Zilla Parishad High School in various Districts. They state that as per Note (17) of Rule 3 of the Andhra Pradesh Ministerial Service Rules, 1998 (for short ‘the Rules’), the posts of Junior Assistant and its equivalent cadres have to be filled up by way of promotion from the feeder category of Record Assistants and other equivalent categories in Andhra Pradesh General Subordinate Service Rules, Attenders and other categories in the Andhra Pradesh Last Grade Services, in the ratio of 1:2:7 respectively among the groups I, II and III, in a unit of 10 vacancies. The post of Record Assistant falls under Group II. Out of 10 vacancies of Junior Assistants, only two vacancies are meant for the posts of Record Assistant and other equivalent cadres, whereas seven posts are meant for Attenders and its equivalent cadres. Due to the anomaly in the ratio prescribed in Note (17) of Rule 3 of the Rules, the Government issued G.O.Ms.No.365, General Administration Department, dated 17.08.2005 amending the said Rules and stated that the posts of Junior Assistant in the cycles mentioned in Note (5) and (14) are being filled up from the feeder category of Record Assistants and equivalent categories in Andhra Pradesh General Subordinate Service Rules and in the event, the qualified Record Assistants are not available, then only the Attenders and other equivalent categories of Andhra Pradesh Last Grade Service are being considered for promotion to the posts of Junior Assistant/Typist etc. As per the said G.O., the respondents have prepared a seniority list of Record Assistants and effected promotions to 28 Record Assistants to the posts of Junior Assistant, but as the names of 1st and 2nd petitioners were included at Sl.Nos.35 and 40 respectively, they are due for promotion to the posts of Junior Assistant. While so, on consideration of the representation dated 22.07.2006 submitted by the Andhra Pradesh Class IV Employees Joint Action Committee, the first respondent issued G.O.Ms.No.738, General Administration Department, dated 22.12.2008 cancelling G.O.Ms.No.365 dated 17.08.2005 referred supra, and restored the position existing under note (17) of Rule 3 of the Rules. The grievance of the petitioners is that without giving notice and opportunity either to the Association of the Andhra Pradesh Record Assistant Employees or to the individual Record Assistants, the first respondent issued the impugned G.O. Questioning the same, the petitioners filed O.A.No.860 of 2009 seeking to quash the said G.O. and consequently to direct the respondents to promote the petitioners as Junior Assistants as per G.O.Ms.No.365 dated 17.08.2008 with all consequential benefits. In the said O.A., the Tribunal passed interim order dated 04.02.2009 stating that any promotions made shall be subject to the result of the O.A. Now, the respondents are taking steps to fill up the posts of Junior Assistant as per the impugned G.O. Hence, this writ petition. 3. The learned counsel for the petitioners contended that the respondents have already promoted 28 Record Assistants as per G.O.Ms.No.365, dated 17.08.2005 and that because of the impugned G.O., the juniors in the cadre of Attenders are in more advantageous position than the petitioners, who are in superior cadre and due for promotion as per the seniority list. He thus, prays to cancel G.O.Ms.No.738 dated 22.12.2008 issued by the first respondent. 4. Heard the learned counsel for the petitioners and the learned Government Pleader for Services-II. 5. Having heard the learned counsel for the petitioners and the learned Government Pleader for Services-II and on perusal of the material available on record, it is evident that the issue involved in this case is pending adjudication before the Tribunal and this writ petition is filed only against the interim order passed by the Tribunal that any promotions made shall be subject to the result of the O.A. In the circumstances, without going into the merits or otherwise of the case, we deem it appropriate to direct the parties to maintain status quo for a period of six weeks from today. In the meantime, the Learned Government Pleader appearing for the respondents before the Tribunal shall file counter-affidavit in the O.A. The Tribunal is directed to dispose of the O.A. within a period of six weeks from today. 6. With the above observations, the Writ Petition is disposed of. No costs. ______________________ GHULAM MOHAMMED, J _________________ SANJAY KUMAR, J Date:19.02.2009 Note: Issue CC in two days Copy to the Registrar, APAT, Hyderabad forthwith. (Bo) sj