IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 1594 of 2009 Between: 1 S.Nagabhushanam S/o.Late Sri S.Kistaiah Bander Road, Vijayawada, Krishna District. 2 K.Bikshapathi S/o.Sri. K.Ramulu on deputation to National Institute for Smart Government, 1st Floor, Astra Towers, HiTech City, Kondapur, Hyderabad. ..... PETITIONER(S) AND 1 State of A.P. represented by its Principal Secretary to Government, Transport, Roads and Buildings Department, Secretariat, Hyderabad. 2 The Engineer-in-Chief (R&B) Administration & N.H. Erramanzil, 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 any appropriate Writ, order or direction more in the nature of Writ of Certiorari calling for the records relating to the order of the Hon'ble A.P. Administrative Tribunal in O.A.No.272 of 2009 dated 23.1.2009 and the impugned G.O.Ms.No.37 dated 23rd March 2002, G.O.Ms.No.150 dated 31.8.2002 and revised seniority list issued in G.O.Ms.No.56 dated 17.5.2004 and an integrated final seniority list issued in G.O.Ms.No.129 dated 17.9.2004 and the consequential Memo No. 4560/Ser.II.I/2005 dated 6.12.2008 and quash the same by holding them as illegal, bad and arbitrary and further direct the respondents to fix the seniority of the Direct Recruitee Deputy Executive Engineers basing on the merit obtained in the APPSC at the time of their selection and fix the seniority of the promotee/Direct Recruitee Deputy Executive Engineers basing on their date of appointment subject to availability of substantive vacancies within their quota in terms of Rule 33 (a) and (b) of A.P. State and Subordinate Service Rules and also to direct the respondents to put all the direct recruits continuously without any interruption in the final integrated seniority list by taking into account the date of appointment and ranking and to pass such other order or orders. Counsel for the Petitioner:MR.J.R.MANOHAR RAO Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed assailing the order passed by the Andhra Pradesh Administrative Tribunal dated 23.1.2009 in O.A.No. 272 of 2009, wherein the Tribunal while admitting the O.A issued notice to the respondents returnable in four weeks and directed that any promotion made will be subject to the result of O.A. Since the matter is seized of by the Tribunal and there is no determination of the rights of the parties and in the absence of any decision taken by the Tribunal on merits, we are not inclined to entertain this Writ Petition and exercise our certiorari jurisdiction. The Tribunal thought it fit to issue notice while admitting the case so as to enable the Government Pleader therein to file counter affidavit to dispose of the matter in accordance with law. However, the learned counsel appearing for the petitioners contended that it is the settled preposition of law that the promotions have to be affected as per the ranking assigned by the Public Service Commission and requested this court to direct the Tribunal to dispose of the matter early. We have perused the impugned order. We are not inclined to express any opinion on merits especially when there is no decision on merits affecting the rights of parties. However, we deem it appropriate to direct the learned Government Pleader therein to file counter affidavit within two weeks from today. On such filing of the counter affidavit by the Government Pleader, the Tribunal is directed to dispose of O.A on merits within a period of six weeks thereafter after affording an opportunity to both the parties and decide the matter. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ SANJAY KUMAR , J Dt. 03.02.2009 KA Note: Communicate a copy of this order to the Registrar, Andhra pradesh Administrative Tribunal, Hyderabad. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 State of A.P. represented by its Principal Secretary to Government, Transport, Roads and Buildings Department, Secretariat, Hyderabad. 2 The Engineer-in-Chief (R&B) Administration & N.H. Erramanzil, Hyderabad. 3. 2 CCs to G.P. for Services-I, High Court of A.P buildings, Hyderabad. 4. 2 CD copies