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High Court for State of TelanganaWP/27922/2016disposed of no costs

D. Rajashekar, v. The District Educational Officer,

2016-08-22Sanjay Kumar,M.Seetharama Murti2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE SRI JUSTICE M. SEETHARAMA MURTI WRIT PETITION No.27922 of 2016 ORDER: (Per Hon'ble Sri Justice Sanjay Kumar) This writ petition is filed aggrieved by the concluding portion of the order dated 11.03.2014 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A.No.2595 of 2012 with C.A.No.1251 of 2012.

The issue before the Tribunal was with regard to the placement of the petitioner/applicant in the seniority list of Secondary Grade Teachers (Telugu). In para 5 of the order, the Tribunal observed that the authorities ought to have considered the case of the petitioner/applicant for promotion, having placed him in the seniority list of Secondary Grade Teachers over and above DSC 2000 candidates. Having said so, in the concluding para 6 of the order, the Tribunal strangely stated as under:

"Hence, the O.A. is disposed of, making the interim orders dated 9.4.2012 absolute with a direction to the respondents to consider the case of the applicant for promotion to the post of School Assistant (Physical Science) in Zilla Parishad, as per the seniority now fixed, i.e., below DSC 2000 candidates, in the cadre of Secondary Grade Teachers (Telugu), subject to his otherwise eligibility and if he comes within the zone of consideration, if not already considered, and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. C.A. stands closed. No costs."

It is clear that the observation that the petitioner/applicant's seniority has to be fixed below DSC 2000 candidates in the cadre of Secondary Grade Teachers (Telugu) in para 6 of the order of the Tribunal is a typing error in the light of what the Tribunal has stated in para 5.

We accordingly direct the respondent authorities to treat the petitioner/applicant as senior to DSC 2000 candidates in the cadre of Secondary Grade Teachers (Telugu) and consider his case for promotion.

The writ petition is accordingly disposed of at the stage of admission. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. _______________ SANJAY KUMAR, J ____________________ M. SEETHARAMA MURTI, J 22nd August, 2016 IBL