IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 1058 of 2009 Between: 1 R. Sudhakar Reddy S/o. Raghava Reddy Government Primary School, Grain Market, Warangal Mandal, Warangal District. 2 V. Srinivas S/o. Venkata Chary M.P.P.S. Narayanapuram, Kuravi Mandal, Warangal District. 3 B. Aruna Kumari D/o. Venkataiah UPS Mogilicherla, Kuravi Mandal, Warangal District. 4 Mamidi Ramesh S/o. Chandra Mouli G.P.S. Deshaipet, Warangal Mandal, Warangal District. 5 Ambati Nagesh S/o. Somaiah P.S. Mondrai, Kodakandla Mandal, Warangal District. ..... PETITIONER(S) AND 1 State of A.P. Represented by its Principal Secretary to Government School Education Department, Secretariat, Hyderabad. 2 The Commissioner & Director of School Education Hyderabad. 3 The District Educational Officer Warangal Warangal District. 4 The Regional Joint Director of School Education Warangal Warangal District. .....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 any appropriate Writ, Order or direction more in the nature of Writ of Certiorari calling for the records relating to the Order of the Hon'ble A.P. Administrative Tribunal in O.A.No. 545 of 2009 dated 23-1-2009 and quash the same as illegal, bad and arbitrary and consequently direct the respondents to consider the cases of the petitioners for promotion to the post of School Assistants in the concerned subjects basing on the rules which are in force namely G.O.Ms.No. 278 dated 20th June, 1983 and the rules issued in G.O.Ms.No. 78 dated 10-1- 1962 in so far as the vacancies available prior to 30-12-2008 with all consequential benefits without reference to the rules issued in G.O.Ms.No.182 dated 30-12-2008. Counsel for the Petitioner:MR.J.R.MANOHAR RAO Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 1058 of 2009 ORDER: (Per Ghulam Mohammed, J) This writ petition is filed challenging the order, dated 23.1.2009 passed by the Andhra Pradesh Administrative Tribunal in O.A.No. 545 of 2009, whereunder the Tribunal while admitting the O.A., issued notice to the respondents returnable in four weeks and passed interim order to the effect that any promotions made shall be subject to the result of the O.A. 2. Heard the learned counsel for the petitioners and the learned Government Pleader for Services I. 3. The details necessary for deciding the writ petition are that the applicants are the writ petitioners and they filed O.A. seeking direction to the official respondents to consider their cases for promotion to the post of School Assistants in the concerned subject without reference to the rules issued in G.O.Ms.No.182 dated 30.12.2008 and in accordance with the rules existing prior to 30.12.2008. 4. The learned counsel for the petitioners contends that once counselling has been undertaken, the petitioners cannot be reverted and it leads to complications. He contends that the petitioners were directly recruited as Secondary Grade Teachers and they are eligible to be considered for promotion to the post of ‘School Assistant’ and they possess requisite qualification as per the Service Rules issued in G.O.Ms.No.78 dated 10.1.1962. Learned counsel for the petitioners further contends that once counselling starts the rights of the petitioners would be affected, and as such the Tribunal ought to have granted positive interim order directing the authority to consider their cases for promotion to the post of ‘School Assistant’. 5. The learned Government Pleader submits that the O.A. has been admitted and the issue will have to be decided at the time of disposal of the O.A. 6. It is seen from the impugned order that the O.A. has been admitted and interim order was passed observing that any promotion made shall be subject to the result of the O.A. Further, the O.A. itself was posted for hearing after eight weeks. The Tribunal has granted opportunity to the official respondents to file counter to decide the O.A. on merits. The Tribunal in its discretion has passed the interim order that promotions if any made shall be subject to result of the O.A. This will protect the rights of the petitioners. 7. Apart from this, the Tribunal has not adjudicated the issues involved in the O.A. on merits. Inasmuch as the Tribunal has seized of the matter, we are not inclined to go into the merits of the writ petition and in the circumstances, the writ petition is liable to be dismissed. 8. Since it is pleaded by the petitioners that there is urgency in the matter, the official respondents shall file counter within three weeks and the Tribunal is directed to dispose of the O.A. as expeditiously as possible, preferably within a period of three weeks from the date of receipt of a copy of this order. 9. The writ petition is dismissed with the above direction. No order as to costs. _____________________ GHULAM MOHAMMED,J ________________ SANJAY KUMAR,J 29-01-2009 Note: The Registry is directed to send a copy of this order to the Registrar, A..P.A.T. through special messenger. B/o. Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{KBJ}