IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 24583 of 2008 Between: Dr. B.G. Mallikarjuna Rao S/o. B. Gopal Dr. BRKR Government Ayurvedic College, Erragadda, Hyderabad, R/o. Hyderabad. ..... PETITIONER AND 1 Dr. Y. Narasaiah S/o. age age not known R/o. H.No. 8-7-55/B/80, Hastinapuram (Central) Hyderabad. 2 The Government of Andhra Pradesh,Rep. by its Secretary, Health, Medical and Family Welfare Department, Secretariat, Hyderabad. 3 The Commissioner , Department of Ayush, Government of Andhra Pradesh, Tilak Road, Abids, Hyderabad. 4 The Central Council of Indian Medicine Rep. by the Secretary, Government of India, Jawahar Lal Nehru Bharatiya Shikshavan, Homepathy Anusandhan Bhavan, No. 61-65, IV Floor, Opp. D. Block , Institutional Area Janakapuri, New Delhi. .....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 more in the nature of writ of Certiorari calling for the records relating to and connect with the orders of the Hon'ble A.P. Administrative Tribunal dt. 3-4-2006 in OA. No. 8416 of 2005 passed by the Hon'ble A.P. Administrative Tribunal and quash the same by holding it as unconstituitional not maintainable and without jurisdiction and further direct the respondents 2 to 4 to restore the position as is prevailing prior to 3-4-2006 and consider the case of the petitioner for promotion to the next higher post along with others in accordance with rule 13 of A.P. Special Rules notified through G.O.Ms.No. 67, Health, Medical and Family Welfare Department dt. 14- 3-2005 by reviewing the promotions if any made after 3-4-2006 basing on the impugned orders of the Hon'ble Tribunal and to pass Counsel for the Petitioner: MR.J.R.MANOHAR RAO Counsel for Respondents: GP for Medical Health & Fami.Welfare The Court made the following : ORDER: (per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed by the petitioner challenging the order of the tribunal, dated 3.04.2006 passed in O.A.No.8416 of 2005. It is represented that the present writ petition is covered by a judgment of this Court in W.P.No.9113 of 2006 dated 9.10.2007 whereby and whereunder this Court allowed the writ petition setting aside the impugned order therein and remanded the matter to the Tribunal for fresh disposal after giving an opportunity to the parties concerned and after filing of counter by the respective parties on record. For the reasons mentioned therein, the present writ petition is also allowed setting aside the impugned order and remanding the matter to the Tribunal for fresh disposal after giving an opportunity to both the parties and after filing of counter by the respective parties on record. Till such time status quo obtaining as on today shall be maintained. ________________________ (GHULAM MOHAMMED, J.) ___________________________ (B.SESHASAYANA REDDY, J.) 24th November, 2008 Js.