K. Rajeshwar Rao, v. The District Educational Officer,
THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE N. BALAYOGI WRI T PETI TI ON No.4447 of 2017 ORDER: (Per Justice Sanjay Kumar) The petitioner is the applicant in O.A.No.3414 of 2015 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad. By interim order dated 07.07.2015 passed therein, the Tribunal suspended the proceedings dated 25.06.2015 issued by the District Educational Officer, Warangal, suspending the petitioner from service on the ground that he had lesser percentage of disability than originally claimed. The Tribunal further directed the District Educational Officer, Warangal, to continue the petitioner in service as a Secondary Grade Teacher, pending further orders.
Liberty was however given to the authorities to proceed against the petitioner in the disciplinary proceedings initiated against him. Learned Government Pleader for Services (Telangana) sought time to get instructions in the matter on 09.02.2017. Having secured the same, he informed this Court today that the aforestated order passed by the Tribunal was not subjected to challenge by the authorities. That being so, in terms of the undertaking given by the learned Advocate General for the State of Telangana, which was recorded by the Division Bench of this Court comprising the Hon'ble The Acting Chief Justice and the Hon'ble Sri Justice U. Durga Prasad Rao in its order dated 30.09.2016 in W.P.No.31905 of 2016, the respondents are bound to implement the aforestated order passed by the Tribunal.
We accordingly dispose of the writ petition directing the District Educational Officer, Warangal, the first respondent herein, to forthwith reinstate the petitioner in service as a Secondary Grade Teacher.
reinstatement shall however abide by the final result of the disciplinary proceedings initiated against him.
Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. _______________ SANJAY KUMAR, J ______________ N. BALAYOGI , J 2nd March, 2017.
IBL