Gaddam Sujatha v. The Regional Joint Director Of School Education

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.13652 of 2019 ORDER:

With the consent of both the parties, the Writ Petition is being disposed of at the admission stage itself. This Writ Petition is filed for the following relief: "..... to issue Writ of Mandamus directing the 1st respondent to implement the Orders issued by the 2nd respondent vide Proc.Rc.No.1848/Tans/Ser.IV2/2015/Appeals-Hyd&Wgl-2, dated 18.08.2018, which is issued under the appeal powers as per G.O.Ms.No.16, dated 06.06.2018 who is competent and appellate authority with all consequential benefits as no third party's rights are affected by holding the action of the 1st respondent in of the implementing and issuing consequential orders pursuant to the above orders, dated 18.08.2018, of the 2nd respondent while implementing in other Zones is highly illegal and unjust and ......."

Heard Sri M.Ramgopal Rao, learned Counsel for the petitioners, and learned Government Pleader for Services-I. It has been contended by the petitioners' counsel that the petitioners are working as School Assistants and they have participated in the Transfer Counselling-2018. When their cases were not properly considered, they have preferred an appeal before the 2nd respondent. The appellate authority was pleased to consider the appeals preferred by the petitioners. But the 1st respondent is not implementing the order passed by the appellate authority and is not issuing any consequential order. Therefore, the Counsel contends that appropriate orders be passed in the Writ Petition directing the

1st respondent to implement the orders passed by the appellate authority and issue posting orders to the petitioners in compliance with the orders passed by the appellate authority.

Learned Government Pleader fairly conceded that the 1st respondent is bound to obey the orders passed by the 2nd respondent.

Having regard to the rival submissions, the Writ Petition is disposed of directing the 1st respondent to implement the orders passed by the appellate authority on 18.08.2018 within a period of four weeks from the date of receipt of a copy of this order. No costs.

As a sequel, the miscellaneous petitions pending, if any shall stand closed.

________________________________ ABHINAND KUMAR SHAVILI, J 05.07.2019 smr