IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 12947 of 2008 Between: Ch.N.V.Hyma Rao, S/o. Ch. Ranga Rao, Kakinada, East Godavari District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by its Principal Secretary, T, R&B Department, Secretariat, Hyderabad. 2 The Transport Commisioner, Government of Andhra Pradesh, Khairatabad, Hyderabad. 3 Smt. B.Prameela, W/o. Hari Babu, O/o. Transport Commissioner, Favana Bhavan, RTA Premises, Khairtabad, Hyderabad. 4 M.S.Lakshmi, W/o. N.Ramabhadram, O/o. Transport Commissioner, Favana Bhavan, RTA Premises, Khairtabad, Hyderabad. 5 P.Bhanu Murthy, S/o. late Ramana O/o. Transport Commissioner, Favana Bhavan, RTA Premises, Khairtabad, Hyderabad. 6 B.Jagadishwar, O/o. Transport Commissioner, Favana Bhavan, RTA Premises, Khairtabad, 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 issue Writ order or direction more particularly one in the nature of writ of "Mandamus" declaring the order dated 29-10-2007 passed in O.A.No.6568/2007 passed by the Hon'ble A.P.Administrative Tribunal as unjust and without any basis and contrary to Presidential Order and set aside the same in the interest of Justice and pass Counsel for the Petitioner :Mr. M.RATNA REDDY Counsel for the Respondents : 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.12947 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed challenging the interim order dated 29- 10-2007 passed in O.A.No.6568 of 2007 on the file of Andhra Pradesh Administrative Tribunal. 2. The Tribunal has directed the official respondents to consider the case of the petitioner for promotion to the post of Assistant Secretary earmarked in the Head Office along with others by convening the D.P.C., by strictly following the Special Rules and implementing the amendment issued in G.O.Ms.No.246 Transport, Roads and Buildings (Ser.IV) Department dated 30-08-2007. When the order was not complied, the petitioner moved contempt application. Taking into account the clarification of the official respondents in the counter, the Tribunal recorded that in cases where interim orders have been passed, the applicants are not being reverted but repatriated to their respective zones from where they have brought and appointed as Assistant Secretaries, and therefore directed the official respondents to implement the said interim order. 3. The grievance of the petitioner is that he has filed the implead petition, and vacate-stay petition which is still pending, and without hearing him, the impugned order was passed. The petitioner stated that he has raised the specific plea that the amendments made vide G.O.Ms.Nos.245 and 246 dated 30-8-2007 are contrary to the Presidential Order. 4. Learned counsel for contesting respondents submitted that the petitioner is working in Multi-zone-I and it is for the Tribunal to decide the issue on merits. The vacate-stay petition is still pending and the issue has to be decided on merits taking into account the rival contentions of the parties and also the petitioner. Having regard to the nature of the controversy involved and the fact that vacate-stay petition is still pending, we are not inclined to interfere with the interim order impugned herein. However, the Tribunal is directed to dispose of the vacate-stay petition within a period of two weeks from today. Till such time, the impugned order shall not be given effect to. 5. The writ petition is accordingly disposed of at the stage of admission. __________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 23-06-2008 Note: Furnish copy by tomorrow. (b/o) bsc ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}