IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 5692 of 2009 Between: M. Venkateswarlu S/o. M. Agaiah Police Transport Organisation Petlaburj, Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary, Home (Ser.III) Department, Secretariat Buildings, Hyderabad. 2 The Director General of Police Lakdikapool, Hyderabad, A.P. 3 The Additional Director General of Police Police Transport Organisation, Petlaburj, Hyderabad. 4 B.K. Chandulal Boon S/o. Late Jayapatel Police Transport Organisation, Petlaburj, Hyderabad. .....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 or order or direction more particularly one in the nature of Writ of Certiorari calling for the records pertaining the order dated 16.03.2009 in O.A.No.6401 of 2008 and quash the same further holding that the O.A.No.6401 of 2008 itself is not maintainable since the respondent No.4 did not avail alternative remedies of appeals and revisions against the orders impugned in the said O.A., in tune with Section 20 of the A.P.T. Act 1985 R/w. Rule 23 of State & Subordinate Services Rules, 1996 R/w Column 7 of the format of the O.A. prescribed the A.P. Administrative Tribunal and pass Counsel for the Petitioner:MR.S.R.SANKU & KAVITI MURLI KRISNA Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY W.P.No.5692 of 2009 ORDER: (Per Ghulam Mohammed, J) This writ petition is filed challenging the order dated 16.03.2009 passed by the Andhra Pradesh Administrative Tribunal in O.A.No.6401 of 2008, whereby and whereunder the Tribunal while admitting the O.A., suspended the proceedings dated 30.07.2008 and 1.8.2008 of the second and third respondents respectively, in which the petitioner was promoted as Technical Assistant in the cadre of Deputy Superintendent of Police. 2. The facts, which are necessary for disposal of the writ petition, are that the fourth respondent herein filed O.A.No.6401 of 2008 to declare the proceedings dated 30.07.2008 of the second respondent and consequential proceedings dated 1.8.2008 of the third respondent as illegal and arbitrary. The Tribunal, while admitting the said O.A., granted interim order suspending the above referred proceedings, in the light of the orders dated 5.7.2004 passed by the Tribunal in O.A.No.527 of 2000 as well as the decision of a Division Bench of the Panjab and Haryana High Court in Inderpreet Singh Arora V. Punjab Police Housing Corporation Limited and others [1]. Aggrieved by the same, the petitioner filed the present writ petition. 3. The learned counsel for the petitioner contends that when once the D.P.C. having considered the claim of the petitioner as well as the unofficial respondent, in its wisdom, promoted the petitioner to the post of Technical Assistant, the Tribunal ought not to have interfered with the same, since it is a selection post and not a seniority post. He further contends that the Tribunal, having heard the matter at length, ought to have disposed of the O.A. itself instead of granting interim suspension. 4. On the other hand, the learned counsel for the unofficial respondent submitted that the Tribunal, after taking all the aspects into consideration and relying on the orders dated 5.7.2004 in O.A.No.527 of 2000 and the decision reported in Inderpreet Singh Afrora v.Punjab Police Housing Corporation Limited and Others (Supra), has rightly granted interim suspension and there are no reasons to interfere with the same. 5. Heard the learned counsel for the petitioner and the learned counsel for the unofficial respondent and perused the material on record. 6. Though the petitioner contends that he was promoted to the post of Technical Assistant, which is a selection post, after considering his claim as well as the claim of the unofficial respondent by the DPC and therefore, the Tribunal ought not to have granted interim suspension orders, the fact remains that the Tribunal, based on the averments made in the counter affidavit of the petitioner that he joined a day earlier to the fourth respondent and in the light of the orders dated 5.7.2004 passed by the Tribunal in O.A.No.527 of 2000 as well as the decision of the Division Bench of the Panjab and Haryana High Court in Inderpreet Singh Arora V. Punjab Police Housing Corporation Limited and others,(supra) granted the impugned suspension order. Hence, we are not inclined to express any opinion on merits or demerits of the matter. Suffice it to say that the Tribunal has not adjudicated the issues involved in the O.A. on merits. Inasmuch as the Tribunal is seized of the matter, we are not inclined to go into the merits of the writ petition. In the circumstances, we deem it appropriate to direct the Tribunal to dispose of the O.A. within a period of four weeks from the date of receipt of a copy of this order, uninfluenced by any of the observations made by this court in this order and in the meanwhile, status-quo obtaining as on today shall be maintained till disposal of the O.A. 7. With the above direction, the writ petition is disposed of. No order as to costs. _____________________ GHULAM MOHAMMED,J ______________________ B.SESHASAYANA REDDY,J 17.04.2009 Note: C.C. in three days. B/o. Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{MSN} [1] 2008 (3) SLR 472,