IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 8822 of 2008 Between: Dr.K.Bapu Rao s/o.Late K.Mangaiah Alluri Ramalingaiah Homoeo Medical College, Rajahmundry, East Godavari District. ..... PETITIONER AND 1 The Commissioner, Department of Ayush, Andhra Pradesh, Hyderabad. 2 Government of A.P. Health, Medical and Family Welfare Department, rep. by its Principal Secretary, Secretariat, Hyderabad. 3 G.Hari S/o.Late G.U.Rao J.S.P.S. Govt. Homoeo Medical College, Ramanthapur, Hyderabad. 4 Dr.Ch.Prabhavathi, Department of Ayush, Hyderabad. (R-4 is formal party in this Petition) .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ, order or direction more in the nature of Mandamus declaring the orders issued by the Hon'ble Tribunal in O.A.No.7362 of 2007, dated 30-11-2007 suspending the G.O.Ms.No.392, dated 26-11-2007 and not passing any orders in V.M.A.No.799 of 2007 in O.A.No.7362 of 2007 as unjust and consequently hold that the petitioner is entitled for release of all pensionary benefits i.e., pension, gratuity, comutation and other attendant benefits consequent on his retirement in the post of Principal, vide Memo.No.8842/HE.1/2007, dated 31-12-2007 with all consequential benefits and pass such other and further orders. Counsel for the Petitioner:MR.D.BALA KISHAN RAO Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 8822 of 2008 O R D E R: This writ petition is filed questioning the orders passed by the A.P. Administrative Tribunal, Hyderabad dated 30.11.2007 in O.A No. 7362 of 2007 suspending G.O. Ms No. 392 dated 26.11.2007 and not passing orders in V.M A No. 799 of 2007 filed by the petitioner herein against the said interim orders, as illegal and arbitrary. The petitioner herein is third respondent before the Tribunal. The petitioner herein along with others was promoted to the post of Principal/PG Professor (Homeopathy) in the department of AYUSH vide G.O. Ms No. 392 dated 26.11.2007. The said orders were challenged by the third respondent herein by way of O.A No. 7362 of 2007 contending that the petitioner herein is working on non-teaching side and not entitled for promotion. The Tribunal on consideration of the matter, by its orders dated 13.11.2007 granted interim suspension of G.O. Ms No. 392 dated 26.11.2007 insofar as third (petitioner herein) and fourth respondents therein are concerned. As against the said interim orders, the petitioner herein filed a vacate petition in V.M.A No.799 of 2007 and the same is pending. Meanwhile, the petitioner herein was retired on attaining the age of superannuation on 31.12.2007 and alleges that due to pendency of proceedings before the Tribunal in O A No. 7362 of 2007, his pensionary benefits are not being released. Thus, in nut shell in the present writ petition, the petitioner seeks an early disposal of the vacate stay petition filed by him in V.M A No. 799 of 2007. As per the averments made in the writ petition, the vacate petition filed by the petitioner is listed on 18.12.2007 and the same was directed to be posted before the Division Bench along with a batch of cases. The petitioner filed the present writ petition on a mere apprehension that since the matter is tagged on with a batch of cases, the Tribunal will take more time for disposal of the same, and the same would cause him lot of difficulties. Thus, in nut shell the petitioner seeks an order from this Court for an early disposal of his vacate petition, pending before the Tribunal. Instead of approaching this Court, the petitioner ought to have pursued the remedies open to him before the Tribunal by bringing the urgency involved in the matter to the notice of Court and requesting for an early hearing. In the present set of facts, we are of the considered opinion that this Court cannot interfere with the matter and direct the Tribunal to take up the case of the petitioner on out of turn basis and pass expeditious orders. If the petitioner is so aggrieved, it is open for him to apprise the Bench hearing the matters before the Tribunal of the urgency involved in the matter. In the circumstances of the case, we are of the considered opinion that there are no merits warranting interference of this Court. Accordingly, the writ petition is dismissed. No costs. T. MEENA KUMARI, J. S. ASHOK KUMAR, J. Date: 22-04-2008. MVB.