The Court directed respondents to implement the Tribunal's order promoting teachers within eight weeks instead of the requested three months and disposed of the writ petition.
Direction to comply with the Tribunal's order within eight weeks from the date of receipt of this order.
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THE HON’BLE SRI JUSTICE RAKESH KUMAR AND THE HON’BLE MS JUSTICE J.UMA DEVI
WRIT PETITION No.18126 of 2020
(Taken up through video conferencing)
ORDER: (Per Hon’ble Sri Justice Rakesh Kumar)
Heard Sri G.Seena Kumar, learned counsel for the petitioner, and Ms.Sridevi, learned Assistant Government Pleader for Services-III.
The petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India with a limited prayer to direct the respondents to implement the order passed in O.A.No.474 of 2019 by the Andhra Pradesh Administrative Tribunal at Hyderabad (for short, ‘the Tribunal’) on 02.04.2019, which was disposed of along with O.A.No.477 of 2019. By the said order, the learned Tribunal, while disposing of the petition, had directed the respondents to consider the case of applicant/s for promotion to the post of LFL Head Master/Primary School Head Master from 01.04.2019 since the date of filing of the O.A. is 01.04.2019. The respondents were directed to pass appropriate order within a period of four weeks from the date of receipt/ production of a copy of the order.
It was submitted by learned counsel for the petitioner that since after the order passed by the learned Tribunal, the respondents have not complied with the same, in absence of availability of the Tribunal, the petitioner has been constrained to approach this Court invoking its writ jurisdiction for implementing the same order.
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Ms. Sridevi, learned Assistant Government Pleader, has not raised any objection on the point as to whether the respondents have assailed the order of the Tribunal or not. Meaning thereby that the order passed by the Tribunal has attained its finality. Ms.Sridevi, learned Assistant Government Pleader, made a request for granting further three months time for implementing the order of the Tribunal.
The Court is of the opinion that after such long time, it would not be reasonable to extend such long time for complying with the order of the Tribunal. Instead of granting three months time, it is directed to comply with the order of the Tribunal within a period of eight (8) weeks from the date of receipt/production of a copy of this order.
Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs.
As a sequel, Miscellaneous Petitions, if any, pending in this
Writ Petition shall stand closed.
___________________________ JUSTICE RAKESH KUMAR
______________________ JUSTICE J.UMA DEVI
Date: 09.10.2020 Note: Issue CC by Monday (B/o) Ivd
2 issues framed by the court
Whether the respondents should be granted extended time to comply with the lower tribunal's order regarding teacher promotions.
What is the reasonable period within which the respondents must comply with the Tribunal's order on promotion dates.
1 provisions across 1 enactments
Petitioner
Respondents
Rakesh Kumar
J. Uma Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
