IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 9445 of 2009 Between: V.Visweswaraiah, S/o. V.Bheemaiah, Hyderabad Metro Water, Supply and Sewerage Board, goshamahal, Hyderabad. ..... PETITIONER AND 1 The Government of A.P., Rep by its Prl. Secrtary, Municipal Administration & urban Development, Department, Secretariat, Hyderabad. 2 The Managing Director, The Hyderabad Metro Water Supply & Sewerage Board, Mythri Vihar, Ameerpet, Hyderabad. 3 Ch. Goutham Reddy, Hyderabad Metro Water Supply & Sewerage Board, Mythri Vihar, Ameerpet, Hyduerabad .....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 an appropriate writ, order or direction more in the nature of Writ of Mandamus directing the respondents to cosider the case of the petitioner for promotion to the post of Director in the any of the existing vacancies on par with the 3rd Respondent either regularly or on adhoc or temporary basis as per the Govt. letter Dt. 2.3.2009 while holding that the memo No.9245/B2/2008/7063, dt. 9-3-2009 as illegal, arbitrary and is contrary to the Apex Corut Judgments in G.S. Venkat Reddy's Case, S.Chinnappa Reddy's Case, as well as P.B.Choudary's case apart from being opposed to B.P.No.19 Class IV of HMWSSB Officers and Employees Service Regulations-absorption of Engineers Under Section 113(2) of HMWSS Act and set aside the same and further declare that the judgment in O.A.nO.8271 of 2008 , dated 23-12-2008 has no application in case of petitioner and the Hon'ble Tribunal in O.A.No.5251 of 2009 dated 22.04.2009 at the time of admission no interim orders passed and orders notice before admission, hence if this Hon'ble Court may not pass Counsel for the Petitioner: MR.Y.V.SATYANARAYANA Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed challenging the order dated 23.12.2008 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.No. 8271 of 2008, wherein the Tribunal pending disposal of O.A, issued notice before admission to the respondents returnable in two weeks. The learned counsel appearing for the petitioner submits that memo dated 9.3.2009 issued by the second respondent –The Managing Director, Hyderabad Metro Water Supply and Sewerage Board, is contrary to the Judgments of the Apex Court in G.S. Venkat Reddy’s Case, S. Chinnappa Reddy’s Case, as well as P.B. Choudary’s Case apart from being opposed to B.P.No. 19 Class IV of HMWSSB Officers and Employees Service Regulations-absorption of Engineers under Section 113(2) of HMWSS Act. As seen from the order passed by the Tribunal, the Tribunal issued notice before admission so as to enable the Government Pleader to file counter affidavit. When once the Tribunal is seized of the matter and there is no decision rendered on merits, it is not fair for this Court to determine the rights of the parties. Hence, we are not inclined to entertain this Writ Petition and the same is liable to be dismissed. Accordingly, the Writ Petition is dismissed. However, we direct the Andhra Pradesh Administrative Tribunal to dispose of the O.A on merits after considering the rival contention and also after taking into consideration of the judgments of the Apex Court reported in G.S. Venkat Reddy’s Case, S. Chinnappa Reddy’s Case, as well as P.B. Choudary’s Case within a period of six weeks from the date of receipt of a copy of this Order. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ B. SESHASAYANA REDDY,J Dt. 01.05.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of A.P., Rep by its Prl. Secrtary, Municipal Administration & urban Development, Department, Secretariat, Hyderabad. 2 The Managing Director, The Hyderabad Metro Water Supply & Sewerage Board, Mythri Vihar, Ameerpet, Hyderabad. 3 Ch. Goutham Reddy, Hyderabad Metro Water Supply & Sewerage Board, Mythri Vihar, Ameerpet, Hyduerabad 4. 2 CC to G.P. for Municipal Administration and Urban Development, High Court of A.P. Buildings OUT. 5 2 CD Copies