G.Kavitha v. K.Laxman Rao

HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT APPEAL No.872 of 2018 JUDGMENT: (Oral) (Per Suresh Kumar Kait, J) Vide the present appeal, appellants have challenged order dated 26.06.2018 in I.A.No.1 of 2018 in W.P.No.21502 of 2018, whereby the learned single Judge has passed the following order: "Heard learned senior counsel Sri M. Srinivasa Rao for petitioners as well as learned Assistant Government Pleader for respondents.

Prima facie, in view of several orders issued by the Government from time to time, all the Office Bearers of Government Junior Lecturers Association, Telangana State are entitled to the benefit of paragraph-9 (c) of the guidelines notified by G.O.Rt.no.116 Higher Education (TE.I) Department, dated 06.06.2018 in the impending counselling and, therefore, respondents are directed to apply the benefit of paragraph-9 (c) of the guidelines in the impending transfer counselling exercise treating them as representatives of Government Junior Lecturers Association, Telangana State. Any such exercise shall abide the result of the writ petition."

As stated by the counsel appearing on behalf of the appellants, appellants are affected by the order passed by the learned single Judge in the writ petition and they were not parties therein. That being so, appellants should have filed an application for impleadment and simultaneously another application for getting the interim order

SKK, J & AKS, J W.A.No.872 of 2018 vacated, before the learned single Judge, instead of filing present appeal.

Moreover, the learned single Judge, while passing interim order, directed the respondents to apply the benefit of paragraph - 9 (c) of the guidelines in the impending transfer counselling exercise, treating them as representatives of Government Junior Lecturers Association, Telangana State. It was further made clear that any exercise shall abide by the result of the writ petition. In that view of the matter, we do not find any ground to interfere with the order passed by the learned single Judge. The appeal is accordingly dismissed, reserving liberty to the appellants to take steps as per law before the learned single Judge. No order as to costs.

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

_______________________ SURESH KUMAR KAIT, J _____________________________ ABHINAND KUMAR SHAVILI, J June 29, 2018 MRR