IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 3775 of 2009 Between: 1 The Government of Andhra Pradesh, Rep. by its Special Chief Secretary, Panchayat Raj & Rural Development Department, Secretariat, Hyderabad. 2 The Commissioner, Panchayat Raj & Rural Development Department, Hyderabad. 3 The District Treasury Officer, Krishna, Machilipatnam. 4 The Sub Treasury Officer, Gandhi Nagar, Vijayawada, Krishna District. ..... PETITIONER(S) AND Gurram Balaswamy, Plot No. B 174, Vambay Colony, Ajithsingh Nagar, Vijayawada, Krishna District. .....RESPONDENT 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 a Writ order or direction more particularly one in the nture of "Writ of Certiorari" calling for the records relating to the orders of the Hon'ble A.P. Admn. Tribunal, Hyderabad passed in O.A.No. 5527/2008 dated 11-08-2008 and made absolute on 23-1-2009 as being erroneous, illegal and unreasonable and quash the same and pass Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: . The Court made the following : THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.3775 OF 2009 ORDER: (Per GM,J) This writ petition is filed seeking a writ of certiorari to quash the interim order dated 11.08.2008, which was made absolute by the subsequent order dated 23.01.2009, passed by the A.P. Administrative Tribunal, Hyderabad, (for brevity, ‘the Tribunal’) in O.A.No.5527 of 2008. For the sake of convenience, the parties herein are referred to as per their array before the Tribunal. The applicant filed O.A.No.5527 of 2008 before the Tribunal seeking a direction to declare the action of the first respondent in passing the orders dated 09.04.208 in G.O.Rt.No.574 is illegal and void and opposed to Articles 14, 16, 19 and 21 of the Constitution of India inasmuch as the appellate Court granted stay orders in Crl.M.P.No.151 of 2007 in Crl.A.No.39of 2007 dated 19.02.2007 qua the conviction awarded by the Criminal Court. Heard the learned Government Pleader for Services-II appearing for the writ petitioners. The Tribunal while admitting the O.A. filed by the applicant granted interim relief on 11.08.2008, which reads as follows: “Therefore, there shall be an interim suspension of the impugned G.O.Ms.No.574, dated 09.04.2008 issued by the first respondent and the respondents are directed to continue to pay provisional pension to the applicant pending finalisation of the Criminal Appeal pending before the Hon’ble High Court and pending further orders in the present O.A.” Subsequently, the Tribunal made absolute the said interim order on 23.01.2009 which reads as follows: “As the respondents have not filed any counter or vacate application in the O.A., the interim orders dated 11.08.2008 are made absolute.” From a bare perusal of the aforesaid orders extracted hereinabove, it is clear that although the Tribunal granted interim order on 11.08.2008 at the threshold, the respondents failed to file either a counter affidavit in the O.A. or a vacate application before the Tribunal till 23.01.2009 on which date the Tribunal made absolute the interim order passed by it on 11.08.2008. At this stage, the learned Government Pleader for Services-I submitted that the respondents have, in fact, filed VMA (SR) No.4193 of 2009 before the Tribunal seeking to vacate the interim orders passed by the Tribunal which is pending consideration before it. However, there is no final decision rendered by the Tribunal in the proceeding, which is still pending before it. In the absence of any conclusion or determination of rights of the parties arrived at by the Tribunal, we are not inclined to entertain this writ petition. We deem it appropriate to direct the Tribunal to dispose of VMA (SR) No.4193 of 2009 said to have been filed by the respondents before it expeditiously, preferably within a period of three weeks from the date of receipt of a copy of this order. The writ petition is accordingly dismissed at the stage of Admission. There shall be no order as to costs. __________________________ GHULAM MOHAMMED, J. ____________________ SANJAY KUMAR, J. 26th February, 2009. VGSR