IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 22713 of 2006 Between: 1 The Commissioner and Director, Intermediate Education, Nampally, Hyderabad. 2 The Commissioner of Collegiate Education, Hyderabad. 3 The Govt. of A.P., Rep. by its Secretary, Higher Education, Secretariat, Hyderabdad. ..... PETITIONERS AND Lingala Vijaya Kumar, Government Junior College, Inispeta, Rajahmundy. .....RESPONDENT 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 an appropriate order or direction to quash or set aside the order dt. 26.4.2006 in O.A.No.2475 of 2006 holding as erroneous and contrary to law and to pass. Counsel for the Petitioner:GP FOR SERVICES I Counsel for the Respondent No.: MR.K.GOVIND The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Seeking to set aside the order dated 26.04.2006 made in O.A. No. 2475 of 2006 by the Andhra Pradesh Administrative Tribunal, Hyderabad, whereby the petitioners herein were directed to consider the case of the respondent herein for appointment to the post of Principal by transfer, within a period of four weeks, this writ petition is filed by the official respondents in the O.A. The respondent herein who was working as Junior Lecturer in Commerce, Govt. Junior College, Rajahmundry, was promoted as Principal requiring him to join in the promotion post within fifteen days. The respondent was relieved on 1.9.2001, but in view of his health condition, he could not join at Veerullapadu and applied for medical leave on 16.9.2001 from 12.9.2001 to 30.9.2001 and, as such, he was not allowed to join at Veerulapadu, inasmuch as fifteen days timed granted for joining, expired, in view of Rule 11 (b) of the A.P. State and Subordinate Service Rules, 1996. However, he was reposted at Govt. Junior Collge, Rajahmundry on 13.2.2003. Therefore, the petitioner filed the above O.A. seeking a direction to the petitioners herein to consider the case of the respondent for appointment as Principal by Transfer suspending operation of the proceedings Rc.No.Ser.I-1/541/2005 dated 19.7.2005. The Tribunal, while issuing notice to the petitioners herein, has suspended the proceedings Rc. No.Ser.I- 1/541/2005 dated 19.7.2005 and directed the petitioners to consider the case of the respondent for appointment to the post of Principal by Transfer. Aggrieved thereby, the present writ petition is filed by the respondent in the O.A. inter alia contending that under Rule 11(b) of the A.P. State and Subordinate Service Rules, 1996, the time limit to joint a post on appointment/temporary appointment under Rule 10 of the said Rules, including appointment by transfer or by promotion, otherwise than by direct recruitment shall be fifteen days from the date of receipt of the order of appointment and since the respondent did not join the post within the stipulated, he is not entitled for the relief. Hence, the impugned order is liable to be set aside. Admittedly, the writ petition is filed against an interim relief granted by the Tribunal. The O.A. filed by the respondent is still pending adjudication. In the facts and circumstances of the case, without adverting to the merits or otherwise of the contentions raised herein, we dispose of the writ petition with a direction to the Tribunal to dispose of the O.A. itself, on merits, on or before 30.7.2008. With this direction, the writ petition is accordingly disposed of at the stage of admission. No order as to costs. ____________________ T.MEENA KUMARI, J. __________________ G.CHANDRAIAH, J. April 24, 2008 MAS.