IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE G. BIKSHAPATHY and THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 1871 of 2005 Between: 1 E.V. Krishna Rao, S/o. E. Pedavenkanna, Municipal Upper Primary School, Tadepalligudem Municipality, Tadepalligudem, West Godavari District. 2 V. Sujatha, W/o. Sivarama Krishna Shanmukha Sastry, Municipal Upper Primary School, Tadepalligudem Municipality,Tadepalligudem, West Godavari District. ..... PETITIONERS AND 1 The Commissioner, Tadepalligudem Municipality, Tadepalligudem, West Godavari District. 2 The District Educational Officer, West Godavari District at Eluru. 3 The Director, Municipal Administration Department, B.R.K.R. Buildings, M.Ch.H. Complex, Hyderabad. 4 M. Kanakavalli, School Assistant, (English), M.E.D.O. Municipal Girl High School, Tallamudunurupadu, Tedepalligudem Mandal, West Godavari District. 5 B. Willan Carey, School Assistatn (English), Municipal Girs High School, Subbaraopeta, Tedepalligudem Mandal, West Godavari 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 pass orders, particularly in the nature of Writ of Mandamus, declaring the orders of the 1st respondent in promoting the unqualified candidates who are Respondents 4 and 5 and ignoring the petitioners and the orders of the Honourable A.P. Administrative Tribunal giving obsolute liberty to the 1st respondent to consider the petitioners only if they choose to fill up the vacancies which were notified as arbitrary, illegal, discriminatory and contrary to the rules, and violative of Articles 14, 16 and 21 of the Constitutions of India and consequently direct the respondents to promote the petitioners with effect fro the date of promotion of the respondents 4 and 5. Counsel for the Petitioner:MR.KASAJAGANMOHAN REDDY Counsel for the Respondent No.1: MR.S.NAGESWARA REDDY For Respondent NO.2. G.P for Services-I. The Court at the admission stage made the following : O R D E R: (Per G.Bikshapathy.J) This writ petition is filed assailing the interlocutory order passed by the Andhra Pradesh Administrative Tribunal in O.A.No.4562 of 2004, dated 16-8-2004. 2. The matter relates to the promotion of petitioners to the post of B.Ed., Assistants in English. Pending O.A. and the Tribunal passed interim order to the following effect: “Pending disposal of the O.A., there shall be a direction to the respondents to consider the claims of the applicants for promotion to the post of B.Ed., Assistants in English, if they are qualified and eligible as per Rules and if they choose to fill up the vacancies”. 3. Challenging the said order, this writ petition has been filed. 4 . The learned counsel for the petitioners submits that in another O.A.No.626 of 2004 filed by respondent Nos.4 and 5, there is an interim stay of the order passed by the District Educational Officer canceling the promotion of respondent Nos.4 and 5. 5 . Unless the matter is heard, the petitioners cannot have a chance of getting promotion. Inasmuch as the present O.A.No.4562 of 2004 is concerned, it is interconnected with O.A.626 of 2004. Hence, it is desirable that the Tribunal shall dispose of both O.A.Nos.4562 & 626 of 2004 jointly, within a period of three months from the date of receipt of a copy of this order. 6. The writ petition is accordingly disposed of. No costs. __________________ G.BIKSHAPATHY.J., _________________ P.S.NARAYANA.J., 16th February, 2005. Mrb/Tjs To 1 The Commissioner, Tadepalligudem Municipality, Tadepalligudem, West Godavari District. 2 The District Educational Officer, West Godavari District at Eluru. 3 The Director, Municipal Administration Department, B.R.K.R. Buildings, M.Ch.H. Complex, Hyderabad. 4 M. Kanakavalli, School Assistant, (English), M.E.D.O. Municipal Girl High School, Tallamudunurupadu, Tedepalligudem Mandal, West Godavari District. 5 B. Willan Carey, School Assistatn (English), Municipal Girs High School, Subbaraopeta, Tedepalligudem Mandal, West Godavari District. 6. Two CCs to the Government Pleader for Services-I, High Court Buildings, Hyderabad(OUT) 7. Two CD copies.