Dr. K. Krishnaiah And 17 ORS. v. Prl. Secy., Higher Education Dept. And 47 ORS.

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE M.GANGA RAO WRI T PETI TI ON No.34986 of 2016 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) Respondent Nos.3, 6, 13, 15, 18, 20, 21, 23, 24, 28, 29, 32, 40, 44, 45, 47, 50, 53 in O.A.No.8961 of 2012 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad, filed this writ petition aggrieved by order dated 16.12.2015 passed therein setting aside the proceedings dated 06.02.2010 and the consequential proceedings dated 21.09.2012 and directing the respondent authorities to prepare the seniority list in the cadre of Lecturers working in Government Degree Colleges as per the rules by following the law laid down by the Courts. 2.

During the pendeny of this writ petition, the petitioners gave up the writ petition insofar as respondent Nos.7, 9, 12 and 13 are concerned viz., the 5th, 7th, 10th and 11th applicants in the O.A. The writ petition was accordingly dismissed as withdrawn as against these respondents and they were deleted from the array of parties.

3.

Heard Ms.D.Padmavathi, learned counsel for the petitioners, learned Government Pleader for Services, Andhra Pradesh, for the respondent authorities and Ms.S.Parineeta, learned counsel appearing for the contesting unofficial respondents.

4.

The proceedings dated 06.02.2010 of the Commissioner of Collegiate Education, Andhra Pradesh, which were set aside by the Tribunal by way of the order under challenge reflected the integrated provisional seniority list of Lecturers working in Government Degree Colleges in the State. By way of the subsequent proceedings dated

SK,J & MGR,J W.P.No.34986 of 2016 11.12.2018 21.09.2012, the Commissioner of Collegiate Education, Andhra Pradesh, drew up final seniority list of Lecturers working in Government Degree Colleges, which were also set aside by the Tribunal by way of the order under challenge. We are now informed that by the proceedings dated 23.10.2017, the Commissioner of Collegiate Education, Andhra Pradesh, referring to the order passed by the Tribunal in O.A.No.8961 of 2012 and the law laid down by the Supreme Court, stated that the seniority list of Lecturers working in Government Degree Colleges issued under the earlier proceedings dated 06.02.2010 and dated 21.09.2012, was revised and the integrated provisional seniority list of Lecturers working in Government Degree Colleges was being issued. The Lecturers who found mention therein were given an opportunity to submit their objections, if any, against the same within seven days.

5.

In the light of this step having been taken by the Commissioner of Collegiate Education, Andhra Pradesh, we are of the opinion that it is for the parties to this case to file their objections, if any, to the provisional seniority list now drawn up, so that a comprehensive integrated final seniority list can be issued duly taking into account the law laid down by the Supreme Court apart from the relevant rules. At this stage of the matter, it is too late in the day for the petitioners to seek restoration of the final seniority list drawn up as long back as in the year 2012. 6.

The writ petition is accordingly disposed of directing the respondent authorities to take further steps for finalizing the integrated final seniority list of Lecturers working in Government Degree Colleges in terms of the revised provisional seniority list issued under proceedings dated 23.10.2017. This exercise shall be completed expeditiously and, in any event, not later than eight weeks from the date of receipt of a copy of this

SK,J & MGR,J W.P.No.34986 of 2016 11.12.2018 order. Further promotions shall be taken up only after finalization of the integrated final seniority list as stated supra. 7.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. _________________ SANJAY KUMAR,J _________________ M. GANGA RAO, J Date: 11.12.2018 GHN