IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE THIRD DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT. JUSTICE T. MEENA KUMARI AND THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO : 4651 of 2008 Between: 1 K. Suresh Kumar, S/o. K. Ranga Swamy, O/o. Government Junior College (Boys), Mahabubnagar, Mahabubnagar District. 2 P. Janaiah, S/o. P. Bala Narsaiah, O/o. Government Junior College (Girls), Nalgonda, Nalgonda District. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Higher Education Department, Secretariat, Hyderabad. 2 The Commissioner of Intermediate Education, Hyderabad. 3 The Regional Joint Director of Intermediate Education, Warangal. 4 The Principal, Government Junior College (Boys), Mahabubnagar, Mahabubnagar District. 5 The Principal, Government Junior College (Boys), Nalgonda, Nalgonda 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 issue a Writ or order preferably in the nature of Writ of Mandamus and declare that the non granting of stay of the impugned proceedings No. dated Rc.No. Ser II -A -1/1857/04 dated 30 Jan 2008 issued by the 1st Respondent and the consequential order No. 373/A1/2008 dated 28th February, 2008j passed by the 2nd Respondent, by the Hon'ble Tribunal is contrary to law and consequently stay the impugned proceedings No. Ser II-A-1/1857/04 dated 30 Jan 2008 issued by the 1st respondent and the consequential order No. 373/A1/2008 dated 28-2-2008 passed by the 2nd Respondet and pass Counsel for the Petitioner:DR.K.LAKSHMI NARASIMHA Counsel for the Respondents: GP FOR SERVICES I The Court made the following : THE HON'BLE SMT. JUSTICE T. MEENA KUMARI AND THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No.4651 of 2008 ORDER: (per Smt. T.Meena Kumari,J) The petitioners filed the present writ petition challenging the order of the A.P. Administrative Tribunal, Hyderabad made in O.A. No. 1688 of 2008, whereby and whereunder the Tribunal, while admitting the O.A., declined to grant stay of the impugned proceedings dated 30.1.2008 of the second respondent and the consequential order dated 28.2.2008 of the 3rd respondent. The brief facts of the case are that the petitioners herein were originally appointed as Graduate Librarians in Zilla Grandhalaya Samsthas. While so, the Director of Higher Education through letter dated 28.7.1994, has directed the Regional Joint Director of Higher Education to fill up the posts of Graduate Librarians in the junior Colleges. The petitioners who were working as Graduate Librarians in Zilla Grandhalaya Samsthas have applied for the same. Subsequently, the petitioners were relieved from their posts in the year 2003 and joined as Graduate Librarians in the Government Junior Colleges and their services were also regularized in the said post. While so, the Government issued proceedings dated 30.1.2008 directing the Regional Joint Director of Intermediate Education to repatriate the Graduate Librarians working in the Government Junior Colleges to their parent department. In pursuance of the same, the Regional Joint Director of Intermediate Education, the 3rd respondent has issued proceedings dated 28.2.2008 repatriating all the Graduate Librarians to their parent department on the ground that the Librarians working in Grandhalaya Samsthas cannot be treated as Government employees since the organization is only an autonomous body. He further directed the Principals of the concerned Government Junior colleges to relieve the Graduate Librarians immediately. Assailing the same, one Mr. Hafeejmiya filed O.A. No. 1597 of 2008 before the Tribunal. The Tribunal granted status-quo on 28.2.2008. The petitioners also filed O.A. No. 1688 of 2008 before the Tribunal seeking similar relief. The grievance of the petitioners is that the Tribunal did not grant any stay, but it only ordered notice in the matter. Hence, the present writ petition. Learned counsel for the petitioners submits that since the Tribunal has granted status-quo in similar matters, it ought not to have declined to grant the same so far as the petitioners are concerned. He further submits that if the impugned proceedings are not stayed, there is every likelihood of the petitioners being repatriated to their parent department. He, therefore, prayed that appropriate directions be issued to the respondents. Admittedly, earlier when similar matter came up for consideration before the Tribunal, namely, O.A. No. 1597 of 2008, the Tribunal through order dated 28.2.2008, granted status-quo. That being so, it ought not to have declined to grant interim relief to the petitioners also. In the circumstances, we, feel it appropriate to stay the impugned proceedings. Accordingly, there shall be stay of the impugned proceedings dated 30.1.2008 of the 2nd respondent, pending disposal of the O.A. The Tribunal shall dispose of the main O.A. itself, namely, O.A. No. 1688 of 2008, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. ___________________ T. MEENA KUMARI,J DATE: 5th March, 2008 __________________ G. CHANDRAIAH,J Note: Furnish c.c. in two days B/o pnb