THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No.22040 of 2009 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) The petitioner, who is working as Assistant Prohibition and Excise Superintendent, filed O.A.No.10838 of 2009 before the A.P.Administrative Tribunal, Hyderabad, seeking to declare the action of the respondents herein in not including his name in the provisional seniority list of Prohibition and Excise Superintendents of Multi Zone II and the Integrated Seniority List of Multi Zone I, II and III issued by the 2nd respondent vide his proceedings, dated 14-09-2009 for effecting promotions to the posts of Prohibition and Excise Superintendents without taking into consideration of notification, dated 17-04-2008, and consequential proceedings, dated 17-04-2008 appointing him as Assistant Prohibition and Excise Superintendent by transfer in Multi Zone II as illegal and arbitrary. Pending disposal of the O.A., he sought for an interim direction to consider his case for promotion to the post of Prohibition and Excise Superintendent as per his seniority in the light of the Notification, dated 17-04-2008, and consequential proceedings, dated 17-04-2008, in the D.P.C. meeting likely to be held on 03-10-2009 or any subsequent date forthwith in the interest of justice. The Tribunal on 09-10-2009, while admitting the O.A., issued notice to the respondents returnable in four weeks and also passed an interim order directing the respondents herein to pass orders on the representation of the petitioner, dated 19-05-2009, within a period of four weeks and further observed that any promotions effected will be subject to the result of the O.A. We are of the opinion that the interest of the petitioner is protected by the Tribunal, as in the event of his succeeding in the O.A. he is entitled for the said promotion. Therefore, it cannot be said that by not granting any specific interim direction as prayed for, the O.A. is going to become infructuous. The learned Government Pleader for the respondents submits that D.P.C. was conducted on 15-10-2009. If that be so, considering the case of the petitioner for promotion, at this juncture, does not arise, unless he succeeds in the main O.A. Any how, the subject matter of this writ petition is squarely covered by a Division Bench judgment of this Court in R.MANJULA AND ANOTHER Vs. PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (SERVICES.I) DEPARTMENT, HYDERABAD AND ANOTHER[1], wherein the Division Bench made the following order: “In the light of the foregoing discussion, we are of the considered opinion that this Court in exercise of its jurisdiction under Article 226 of the Constitution of India would not normally interfere with the discretionary orders passed by the Tribunal. Grant of an interlocutory order or refusal thereof is within the discretion of the Tribunal. This court would not interfere with such discretion exercised by the Tribunal with regard to the interlocutory orders unless it is established that passing of such interlocutory order or refusal thereof had resulted in an irreversible situation resulting in manifest injustice. It would not be appropriate for this court to entertain any writ petition only for the purpose of granting an interim order during the pendency of the main proceedings before the Tribunal. However, it would be entirely a different matter if the discretion exercised by the Tribunal in the matter of granting interim reliefs results in incalculable repercussions and public mischief. In such cases where denial of interim orders may lead to public mischief, grave irreparable injury or shake a citizens faith in the judicial process, it is not only the power but the duty of the Court to interfere and grant appropriate relief accordingly. Suffice it to observe, interference of this Court with the exercise of discretion by the Tribunal at interlocutory stage is not a matter of course.” In view of the aforesaid Division Bench judgment of this court, we dismiss the writ petition. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Dated: 21-10-2009 Prv [1] 2002 (3) ALD 648 (DB)