THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.4329 OF 2009 DATED 25TH FEBRUARY, 2010 BETWEEN Ch.Surya Chandra Rao … Petitioner And Thadepally Gudem Municipality, Thadepally Gudem, West Godavari District, Rep. by it’s the Commissioner. And Others. … Respondents THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.4329 OF 2010 ORDER: (Per GM,J) This writ petition is filed assailing the legality and validity of the order dated 21.10.2008 passed in O.A. No.2012 of 2006 by the A.P. Administrative Tribunal, Hyderabad, (for short, ‘the Tribunal’), whereby the O.A. filed by the applicant/petitioner was dismissed as infructuous on the representation made by the learned counsel who appeared for him. The said O.A. was filed by the petitioner assailing the order dated 31.03.2006 passed by the second respondent herein, whereby he was reverted to the post of Secondary Grade Teacher. By virtue of an interim order granted by the Tribunal, the order impugned in the O.A. was suspended. The Tribunal passed the said interim order while admitting the O.A. and ordering notice to the respondents without adjudicating the matter on merits. The petitioner, having obtained the interim order from the Tribunal suspending the reversion orders, made a representation before the Tribunal through his counsel to the effect that the O.A. has become infructuous, whereby the Tribunal dismissed the O.A. as infructuous. It is his case that subsequent to the passing of the said order, the respondents are contemplating to revert the applicant and therefore he filed a review application belatedly before the Tribunal and the same was rejected on the ground that the Tribunal had no power to condone the delay in the filing of a review application. Hence, this writ petition. Heard the learned counsel on either side. The practice followed by the petitioner in conducting the prosecution of the O.A. has to be deprecated. It was not proper to obtain interim order at the stage of admission, to get the reversion order suspended basing on the said interim order and thereafter represent before the Tribunal that the O.A. has become infructuous so as to get the same dismissed without proper adjudication. Therefore, the Tribunal should be wary in dealing with matters of this nature. It is expedient for the Tribunal to dispose of matters on merits after inviting counter affidavits from the opposite side and after hearing both the parties. It is submitted by the learned counsel for the petitioner that the respondents initially reverted the applicant by mistake and that the respondents may now be directed to continue the petitioner as Primary School Head Master. We decline to go into the merits of the case, which exercise, in the first instance, should be made by the Tribunal. Having due regard to the averments made in the affidavit filed in support of the writ petition and for the forgoing reasons, without expressing any opinion on the merits of the case, we set aside the impugned order and remit the matter to the Tribunal to adjudicate and dispose of the matter on merits by inviting a counter from the respondents and after hearing both the parties. The writ petition is allowed to the extent indicated above at the stage of admission. No costs. __________________________ GHULAM MOHAMMED, J. ____________________ SANJAY KUMAR, J. 25TH FEBRUARY, 2010. VGSR/PGS