IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 7651 of 2008 Between: MD. Shafiquzaman,I.A.S, S/o. Md.Zafirlzaman, A.P.State Warehyousing Corporation, Nampally, Hyderabad, (Under orders of transfer As Principal Secretry to Govt., Rain Shadow Areas Development Dept.,) ..... PETITIONER AND 1 State of A.P., rep. by its Chief Secreatary to Govt, Secreatariat, Hyd. 2 State of A.P. Rep. by its Secretary to Govt., General Administration [Special-A] Dept., Secretariat, Hyd. 3 Union of India. rep. by its Secretary, Dept. of Personnel & Admnv., Reforms, Ministry of Home Affairs , New Delhi. 4 Sri. M.Veerabhadraiah, IAS [1988Batch], Managing director, APCOB, Hyd [under ordersz of transfer as Managing Director, A.P. State Warehousing Corporation ]. .....RESPONDENTS 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 a writ order or direction in the nature of Mandamus or otherwise declaring the order passed by the Hon'ble Central Administrative Tribunal dated 19-12-2007 in M.A.No. 389/2007 in O.A.No. 307/2007, as arbitrary, illegal and erroneous and set aside the same and issue consequently directions, directing the 1st and 2nd Respondent to forthwith implement the Memo.No. FNo. 11030/26/207- AIS[II]dated 11-9-2007, issued by the 3rd respondent and pass Counsel for the Petitioner:MR.P.V.KRISHNAIAH Counsel for the Respondent No.: GP FOR GENERAL ADMINISTRATION The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE P.S.NARAYANA WRIT PETITION NO :7651 of 2008 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioner seeking to declare the order passed by the Central Administrative Tribunal dated 19-12- 2007 in M.A.No.389/2007 in O.A.No.307/2007, as arbitrary, illegal and erroneous and set aside the same and consequently, direct respondents-1 and 2 to forthwith implement the Memo.No.FNo. 11030/26/2007-AIS[II]dated 11-9-2007, issued by the 3rd respondent. The petitioner is the applicant who has filed the present O.A. He also filed the M.A.389 of 2007 seeking to direct respondents-1 and 2 to implement the orders of 3rd respondent, dated 11.9.2007. On the said application, the tribunal has passed the following order: “We have perused the relief prayed for in the petition and we are of the considered view that this Court cannot give a direction as prayed for in the petition and this Court can as well consider the letter said to have been written by the Central Government if it is filed in the main O.A. But, in this M.A. as an interim order, this tribunal cannot give such a direction to the Government to implement the letter written by the Central Government at this stage. But, We can certainly take that letter into consideration at the time of disposal of the main O.A. Therefore, We are not inclined to pass any interim order and on the other hand, We prefer to dispose of the main O.A itself at the earliest possible time and the standing counsel is directed to file reply immediately.” It is obvious from the above order that the letter produced by the applicant can be considered at the time of disposal of the main O.A. In this regard, the tribunal intends to dispose of the O.A. as expeditious as possible and therefore, the matter has been posted for reply of the learned standing counsel to the letter in question. Therefore, the approach of the applicant at this stage of the proceedings, is nothing but amounting to abuse of process of the Courts and apart from that, the approach itself is a premature one. Hence, We see no merits in this writ petition and the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. However, the tribunal is directed to dispose of the O.A. within a period of three months from the date of receipt of a copy of the order. ___________________ Justice T. Meena Kumari __________________ Justice P.S.Narayana Date: 09/04/2008 Gurc/nn THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO.7651 OF 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) Dated: 09.04.2008