IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 449 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 03/12/2008 in WP NO : 21464 OF 2008 on the file of the High Court.) Between: 1 The Chairman and Managing Director, APSPDCL, Tirupati. 2 The APSPDCL (Discom/Board) represented by its Chairman and Managing Director, Tirupathi. ..... APPELLANTS AND M.Yoga Narasimham S/o.M.V.M. Gopalacharyulu, R/o.Flat No. 604, Raghava Apartments, Brindavan Gardens, Guntur-6. .....RESPONDENT Counsel for the Appellants: SRI P.R.BALARAMI REDDY Counsel for the Respondent : SRI CH.SUDARSHAN RAO The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 449 of 2009 JUDGMENT: (per Hon’ble Smt. Justice T.Meena Kumari) This writ appeal is filed challenging the order, dated 3.12.2008 in WPMP No.28039 of 2008 in W.P.No.21464 of 2008 by the learned single Judge. The respondent herein filed the above writ petition seeking a direction to the appellants herein to reinstate him into service with backwages and all consequential and attendant benefits from the date of his suspension. Along with the appeal, he also filed WPMP No.28039 of 2008 seeking interim suspension of the order impugned in the writ petition. The learned single Judge passed interim suspension of the order impugned in the writ petition and directed the appellants to reinstate the respondent herein into service forthwith. Having aggrieved by the same, the appellants-authorities filed the present appeal. Heard the learned Counsel and perused the material available on record. On a perusal of the material on record, it is apparent the learned single Judge placing reliance on the order, dated 27.11.2007 passed in WP No.7662 of 2006 in respect of the similarly situated person as that of the respondent herein, passed the order under appeal. The order under appeal is an interlocutory order and the main writ petition is pending and therefore, it can be said that the order of the learned single Judge would not cause any prejudice to the rights of the appellants to put forth their case in the main writ petition. In view of the fact that the present appeal is preferred against the interlocutory orders, which were passed basing on the earlier orders in respect of the similarly situated person as that of the respondent herein, and that the issue involved in this appeal is the subject matter in the main writ petition, without expressing any opinion on the merits of the case, we feel that the interlocutory order passed by the learned single Judge does not suffer from any illegality or irregularity warranting interference of this Court and this appeal is devoid of merits and as such, the same is liable to be dismissed. Accordingly, the writ appeal is dismissed. However, the Registry is directed to post the W.P. in the first week of July, 2009, after obtaining necessary orders from the Hon’ble the Chief Justice. _______________________ Justice T.Meena Kumari ___________________________ Justice Vilas V. Afzulpurkar Dated: 9th April, 2009 Gurc/nn THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO :449 of 2009 (Order of the Division Bench delivered by the Hon’ble Smt. Justice T.Meena Kumari) 9th April, 2009