ORDER:

1. This writ petition is filed questioning the action of the respondents in not promoting the petitioners to the posts Senior Lecturers in DIETs in view of G.O.Ms.No.505, Education Department, dated 16.11.1998 and sought a direction to the respondents to effect promotion to the petitioners as Senior Lecturers in DIETs by preparing year wise panels as per the vacancies available in the respective panel years under Rule 6 of A.P.State Subordinate Services Rules, 1996 with all consequential benefits.

2. Heard, learned Counsel for the petitioners and the Assistant Government Pleader for Services-I appearing for the respondents.

3. The learned Counsel for the petitioners submits that the Government have issued A.P. Educational Service Rules vide G.O.Ms.No.505, Education Department, dated 16.11.1998. The posts of Gazetted Headmasters, Grade.II in Government Schools and Z.P. Schools and the posts of Deputy I.Os in urban areas and MEOs were integrated as all these posts carries the same scale of pay declared/upgraded as Gazetted Posts and were not organized into local cadres as per Para-3(4) of the Presidential Order. These posts were not organized into local cadre as they were not declared as a prescribed Gazetted Category by the Central Government and not included in the Third Schedule of the Presidential Order. The Govermnet also issued A.P.School Education Subordinate Service Rules, vide G.O.Ms.No.638, dated 20.11.1998 integrating the services of the Teachers in Z.P/M.P Schools and in Government Schools.

4. The learned Counsel for the petitioners further submits that the respondents are effecting promotions to the posts of Principals, DIETs as per the Service Rules issued vide G.O.Ms. 505, dated 16.11.1998 from the panel year 1997-98 to the panel year, 2012-13. The posts of Senior Lecturers were not organized into local cared and the provisions of the Presidential Orders will not be applicable to these posts. Moreover, the feeder cadre posts for promotion to the posts of Senior Lectures were also not organized in the local cadre. The Government have not issued any orders to the competent authority that the posts of Senior Lecturers in DIET are not to be filled up by promotion or direct recruitment so far. As per the Rule 6 of A.P.State and Service Rules, the respondent No.1 has to prepare panel of candidates for each panel year to fill the posts of Senior Lecturers in DIETs. The respondents are not taking up any action to fill the posts of Senior Lecturers in DIET in spite of their several representations. All the petitioners have put in more than 10 years of service in the feeder care of Lecturers in the DIET and some of them are going to be retired shortly and the inaction of the respondents in not promoting the petitioners to the posts of Senior Lecturers as illegal and requested to allow the writ petition.

5. The learned Assistant Government Pleader submits that this Court vide order date 18.09.2003 in WP No.11325/2000 filed by one M.Keshavulu and others have declared that the G.O.Ms.No.505, Education dated 16.11.1998 as invalid to the extent of the posts covered by G.O.Ms.No.529, dated 14.05.1976, therefore, the Government have issued G.O.No.95, Education Department, dated 25.07.2005 under A.P.School Education Service Rules, for Class-II and III Posts of G.O.Ms.No.505, Education, dated 16.11.1998 by way of legislation and the same were struck down by this Court in W.P.No.17548/2006 dated 28.02.2007. Aggrieved by the said orders, the Government carried the matter to the Hon’ble Supreme Court by way of SLP No.8874/2007 and the Hon’ble Supreme Court granted status quo and the same pending and there is no feeder category to fill up the posts of Lecturers and Senor Lecturers of DIETs in the State by promotion as the Unified Service Rules are pending before the Hon’ble Supreme Court.

6. The Assistant learned Government Pleader further submits that this Court has struck down the A.P. Educational Subordinate Service Rules issu