IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 26 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 05/11/2007 in WP NO : 22273 OF 2006 on the file of the High Court.) Between: 1 A.P. State Cooperative Marketing Federation Limited, 5-9-58/B, 7th Floor, Parisram Bhavan, Basheerabagh, Hyderabad - 500 004, Rep by its Managing Director. 2 General Manager (G), A.P. State Cooperative Marketing Federabad Limited, 5-9-58/B, 7th Floor, Parisram Bhavan, Basheerabagh, Hyderabad - 500 004. ..... APPELLANT(S) AND P.S. Sastry, S/o. Sri P.V. Krishna Murthy, R/o. H.No. 22-39, R.K. Nagat, 1st Lane, Malkajgiri, Hyderabad - 500 047. .....RESPONDENT Counsel for the Appellant:MR.MPAPA REDDY Counsel for the Respondent No.: MR.G.VIDYASAGAR The Court made the following : JUDGMENT: (Per Anil R. Dave, CJ) Being aggrieved by an interlocutory order dated 5-11- 2007 passed in W.P.M.P.No. 28269 of 2006 and W.V.M.P.No. 2448 of 2007 in W.P.No. 22273 of 2006, this appeal has been filed. In the aforestated petition, on 7-8-2007 an ad-interim order has been passed whereby the present appellant was directed to release the terminal beneﬁts in favour of the present respondent-original petitioner. Upon perusal of the aforestated order dated 7-8-2007, it is clear that the said order was passed as no counter- affidavit was filed by the present appellant. It has been submitted at the time of hearing that the respondent-employee has already retired in July, 2006 and even a counter-aﬃdavit has been ﬁled by the present appellant in the aforestated petition. It is also not in dispute that the enquiry proceedings against the respondent-employee are pending and the validity of the said proceedings is the subject matter of the writ petition. In the aforestated circumstances, in our opinion, grant of any interim relief would amount to allowing the petition at this stage and, therefore, we direct that W.P.No.22273 of 2006 be notified for final hearing before the learned Single Judge in the 1st week of September, 2008. Moreover, interim relief granted on 7-8-2007, which was conﬁrmed on 5-11-2007, is quashed and set aside. In view of the above order, the appeal stands disposed of as allowed to the above extent with no order as to costs. ______________________ ANIL R. DAVE, CJ 1st August, 2008. _________________________ R. SUBHASH REDDY, J GRR