IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 14803 of 2008 Between: 1 The Government of A.P. rep. by its Prl. Secretary, Backward Classes Welfare (A2) Department, Secretariat, Hyderabad. 2 The District Collector, Visakhapatnam District, Visakhapatnam Post and District. ..... PETITIONER(S) AND L.M.P.S.Kumar, Govt. B.C. Boys Hostel, Paderu Post, Visakhaptnam 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 in the nature of Writ of certiorari calling for the records relating to the orders of the Hon'ble A.P. Administrative Tribunal passed in O.A.No.2078/2004 dated 04.12.2007 as being erroneous, illegal and unreasonable and quash the same and pass such other order or orders Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: . The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.14803 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed seeking to quash the order dated 04-12-2007 passed in O.A.No.2078 of 2004 on the file of Andhra Pradesh Administrative Tribunal, Hyderabad. 2. The respondent herein filed O.A. with a prayer to set aside G.O.Rt.No.239 dated 02-12-2003 issued by the first petitioner and further direct the first respondent to regularise the period of suspension as ‘on duty’. The Tribunal allowed O.A. setting aside the G.O. and remanding the matter to the Government to pass appropriate orders in accordance with F.R.54(b). The Tribunal further observed that the respondent herein is responsible for the delay in prolonging the suspension and the same has to be treated as not on duty and that the increments be released for the relevant period, as stated in the impugned order. Aggrieved thereby, the official respondents preferred this writ petition. 3. Heard learned Government Pleader for the petitioner and perused the record. 4. A reading of the impugned order shows that the Tribunal has remanded the matter to the Government to pass appropriate orders in accordance with F.R. 54(b) either under sub-clause (3) or sub-clause (5) in view of the delay in disposal of R.P.No.3446 of 1989 i.e. on 08-3-1998. The time taken for disposal of the said R.P. was treated as on duty and the period of delay caused by the respondent herein was directed to be treated as not on duty. In fact, the Tribunal has ordered increments to the respondent herein for the relevant period. In view of the fact that the Government is seized of the matter and having regard to the observations of the Tribunal, we are not inclined to interfere with the impugned order in exercise of writ jurisdiction under Article 226 of the Constitution of India. 5. The writ petition is accordingly dismissed at the stage of admission. ___________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 10-07-2008 bsc