IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 17371 of 2008 Between: P.Gopala Krishna Murthy S/o.Somaiah Legal Metrology, Karimnagar, Dist: Karimnagar. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by Secretary to Government, Consumer Affairs, Food & Civil Supplies Department, Secretariat Buildings, Hyderabad. 2 The Controller of Legal Metrology, Government of Andhra Pradesh, Hyderabad. 3 K.Siddhartha Kumar Through the Office of Controller, Legal Metrology, PWD Building No.209, Gandhinagar, 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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus and declare and hodl that the decision of the Hon'ble Andhra Pradesh Administrative Tribunal in not granting interim orders in O.A.No.6414 of 2008 as arbitrary, illegal and unconstitutional and to consequently declare the orders in G.O.Rt.No.77 Consumer Aﬀairs, Food and Civil Supplies (CS.II) Department, dated 26.05.2008 of the 1st respondent and consequential order in Proceedings No. 2387/E1/2007, dated 16.06.2008 of the 2nd respondent transferring the applicant from Karimnagar to accommodate the 3rd respondent as illegal, discriminatory and amounts to arbitrary exercise of power and set aside the same and consequently to direct the respondents to continue the applicant and District Inspector, Legal Metrology, Karimnagar with all consequential beneﬁts with all consequential benefits and pass such other order or orders. Counsel for the Petitioner:MR.P.NAVEEN RAO Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.17371 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is ﬁled mainly on the ground that the Andhra Pradesh Administrative Tribunal has not passed any interim order in O.A.No.6414 of 2008 pending on its file. 2. There is no necessity of going into all the details. Suﬃce to state that the petitioner, who is working as District Inspector, Legal Metrology, Karimnagar, ﬁled the above O.A. challenging his transfer from Karimnagar to accommodate the third respondent, which was done consequent upon G.O.Rt.No.77, Consumer Aﬀairs, Food and Civil Supplies (CS.III) Department, dated 26-5-2008 issued by the Government. It is categorically stated that the petitioner was served with order dated 16-6-2008, which was challenged in O.A.No.4193 of 2008 and the Tribunal ultimately dismissed O.A. on the ground that the said G.O. was not questioned. 3. Heard learned counsel for the parties and perused the record. 4. Admittedly, O.A. is ﬁled challenging G.O.Rt.No.77, dated 26-5-2008 issued by the Government of Andhra Pradesh and the Tribunal has not passed any interim order. Prima facie, we are satisﬁed that the said G.O. was issued without any notice or opportunity to the petitioner especially when he was transferred pursuant to the counselling. If the said GO was available, the petitioner would have challenged the same by ﬁling O.A. In the circumstances, we are not inclined to express any opinion on the merits of the case especially when the Tribunal is seized of the matter. However, the Tribunal is directed to dispose of O.A. on merits and as per law, within a period of four weeks and during the pendency of O.A., the interim suspension granted by this Court on 11-08-2008 shall be continued. 5. The writ petition is accordingly disposed of. No order as to costs. ___________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 20-08-2008 Note: Furnish copy in three days on usual terms. (b/o) bsc