Akurathi Nakshatra v. The State Of Andhra Pradesh, Rep. By Rs Principal

THE HON'BLE SRI JUSTI CE S.V.BHATT W RI T PETI TI ON No.3 1 3 3 2 of 2 0 1 6 ORDER:

Heard counsel for petitioner and the Assistant Government Pleader for Social Welfare.

2.

Petitioner complains against inaction of respondents in disposing of the stay petition filed by petitioner in the appeal challenging order dated 16.12.2012.

3.

The issue arises under the Andhra Pradesh (SC, ST and BCs) Regulation of Issue of Community Certificates Act and the Rules thereunder. The petitioner has filed the instant appeal with delay and has prayed for grant of stay of order dated 16.12.2012. 4.

Counsel for petitioner, by drawing the attention of the Court to the averments made in the affidavit, contends that the petitioner is working as on date and if any drastic step of termination is taken by respondents without hearing the applications, which are pending consideration before the appellate authority, the petitioner would suffer irreparable loss and injury.

5.

The Assistant Government Pleader submits that appropriate directions can be issued for expeditious disposal of the petitions filed by petitioner for condonation of delay as well as stay of proceedings dated 16.12.2012. He stoutly opposes granting any interim order while directing respondents to dispose of these petitions.

6.

I have perused the order dated 16.12.2012, the memorandum of appeal and the stay petition filed by petitioner. This Court is of the view that when the stay petition filed by petitioner is being considered by the first respondent, if the status of petitioner as School Teacher, for any reason, is disturbed, the same results in hardship and irreparable loss as well. With a view to keeping the issue alive and enable the petitioner to work out the remedies available before first respondent, the writ petition is disposed of by this order. The first respondent is directed to consider and pass orders on the petitions filed by petitioner, both for condoning the delay and also stay of proceedings dated 16.12.2016, within six (6) weeks from the date of receipt of copy of this order.

The first respondent is directed to issue notice of hearing of these petitions to petitioner herein or to the counsel appearing for petitioner. The parties are directed to maintain status quo, as on date, for a period of eight (8) weeks from today. Petitioner is given liberty to communicate the order to first respondent and seek a date for hearing of the petitions. As a sequel, the miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.

____________ S. V. BHATT, J September 17, 2016 DSK