The Govt.Of A.P.,Scl.Edn.,Hyd.,And 2 Otrs. v. G. Vijaya Lakshmi, Hyderabad, And ANR.
[ 3313 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE PULLA KARTHIK WRIT PETITION NO: 29730 OF 2014 Between:
1. The Government of Andhra Pradesh, rep. by its Principal Secretary to Govt., School Education Department, A.P., Secretariat, Hyderabad.
2. The Commissioner and Director of School Education, A.P., Hyderabad.
3. The Director of Government Examinations, A.P., Near Nampally, Hyderabad. ...PETITIONERS/RESPONDENTS lN O.A. No.212014 AND
1. G. Vijaya Lakshmi, D/o. G.V.Subba Rao, Working as Superintendent, O/o. The Director of Government Examinations, A.P., Hyderabad, Rt/o. Mothinagar, Hyderabad.
...RESPONDENT/APPLICANT lN O.A.No.2/2014
2. The A.P. Administrative Tribunal rep., by its Registrar, Purani Haveli, Hyderabad.
...RESPONDENT Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of WRIT OF CERTIORARI and call for the records relating to and connected with order dated.02-01-2014 in OA.No.2 of 2014 on the file of the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad, and to quash or set aside the same by holding as erroneous and contrary to law. l.A. NO: 1 OF 2014(WPMP. NO: 37110 OF 20141 Petition under Section '151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of orders dated 02-01-2014 in O.A. NO. 02 of 2014 on the file of the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad, pending disposal of the writ petition.
l.A. NO: 2 OF 2014(WPMP. NO: 42607 OF 20141 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased setaside the orders passed by this Hon'ble Court on 7-10-2014 in WP No. 29790 ot 2014 in petitioners absence without giving an opportunity to him and to decide the matter on merits.
Counsel for the Petitioners: GP FOR SERVICES I Counsel for the Respondent No.1: M/s. K.MALLESHWARI Counsel for the Respondent No.2: - The Court made the following: ORDER
THE HONOUR.q.BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE PULLA XARTHIK Writ Petition No.2973O of 2OL4 ORDER:
(Per Hon'ble Si Jltstice Abhinand Kumar Shauili) This Writ Petition is filed by the petitioners under Article 226 of the Constitution of India seeking a Wit of Certioran by calling lor the records relating to and connected with order dated 02.01.2014 passed in O.A.No.2 of 2Ol4 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, 'the Tribunal'), and to quash or set aside by holding the same as erroneous and contrary to law.
2.
Heard the learned Special Government Pleader for Services for the State of Andhra Pradesh, for the petitioners. None appeared for the 1"t respondent.
3.
Learned Special Government Pleader for the petitioners contended that the 1"t respondent was working 11s Superintendent nnd she was seeking promotion to the post of t Assistant Commissioner for Government Examinations in Head Office, Hyderabad for the panel year 2Ol3-14; later, the l"t
..7..
AKS,J & PK,J wp _)973o _)o14 respondent approached the Tribunal by filing O.A.No.2 of 2Ol4; the Tribunal, vide order dated O2.Ol.2Ol4 \vas pleased to dispose of the O.A. by directing the petitioners to consider the case of 1"t respondent for promotion to the post of Assistant Commissioner for Government Examinations in Head Office, at Hyderabad for the panel year 2013-14 as per her eligibility and qualification by placing the name of l"t respondent in the D.P.C., without appreciating any of the contentions raised by the petitioners; and therefore, prayed this Court to pass appropriate orders in the Writ Petition by setting aside the order passed by the Tribunal in O.A.No.2 of 2014, dated O2.O1.2014, and allow the Writ Petition.
4.
This Court, having considered the said submission, is ol the considered view that the Tribunal had merely directed the petitioners to consider the case of l"t respondent, if she is otherwise etigible. Therefore, this Court is not inclined to interfere with the order passed by the Tribunal in O.A.No.2 of 2014, dated O2.Ol.2Ol4. Accordingly, the Writ Petition is dismissed. No costs.
AKs,.] & PK,J wP 29730_2014 5.
It is needless to say that petitioners shall consider the case of the 1* respondent, if she is otherwise eligible for promotion as per the Ru1es.
6.
As a sequel, miscellaneous applications pending if any in this Writ Petition, shall stand closed.
SD/- K. AMMAJI ASSISTANI.REGISTRAR //TRUE COPY// qu) SECTION OFFICER To '1 . Two CCs to GP FOR SERVICES I, High Court for the State of Telangana, at Hyderabad. [OUT]
2. One CC to SRI K.MALLESHWARI, Advocate [OPUC]
3. Two CD Copies PSK.
GJP Bttr
HIGH COURT DATED:0610112023 i !
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ORDER
o WP.No.29730 of 2014 \, '{r DISMISSING THE WRIT PETITION WITHOUT COSTS.
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