IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 18007 of 2007 Between: 1 A.V.Narasimha Rao S/o.Penta Rao Peerjadiguda Village, Ghatkesar Mandal, Ranga Reddy District. 2 T.Prasad S/o.Malsuraiah Abkari Bhavan, Nampally, Hyderabad. 3 C.Janardhan S/o.Narsimhulu Vishnu Nagar, Gunadala, Vijayawada. 4 P.Chandra Mouli S/o.late P.Ananthaiah State Task Force, Hyderabad (Applicants No.1, 5, 7 in the OA No.3047/2007 are not parties to this WP. Hence, they are not shown as Petitioners herein) ..... PETITIONER(S) AND 1 Government of Andhra Pradesh, rep. by its Special Chief Secretary, Revenue (Excise-I), Department, 6th floor J-Block, Secretariat Buildings, Hyderabad. 2 The Commissioner of Prohibition & Excise, Government of AP, Aapkaari Bhavan, Nampally, Hyderabad 3 D.Janardhan Rao S/o.not known, Hyderabad-I, Office of the Commissioner of Excise, Aapkaari Bhavan, Nampally, Hyderabad. 4 K.Alwal Reddy S/o.not known, Office of the Dy. Commissioner, Prohibition & Excise, Kurnool. 5 M.Venkataiah S/o.not known, Kakinada 6 V.Subba Rao S/o.not known, Asst. General Manager, Apgpsaas. Andhra Pradesh Toddy Tappers Cooperative Limited, #3-5-1089, Narayanaguda, Hyderabad. 7 P.R.S.Prasad Rao S/onot known The Commissioner of Excise, Aapkaari Bhavan, Nampally, Hyderabad. .....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 issue a writ or order or direction, especially one in the nature of Writ of Certiorari: i. call for the records pertaining to OA No.3047/2007 on the file of the AP Administrative Tribunal, Hyderabad declare the GO Ms.No.501, Revenue (Excise-I) Department, dated 15.4.2005 and GO Rt.No.1452 dt. 25.7.2005 (Revenue (Excise-I) to an extent of not including the names of Respondents No. 3 to 7 in the final and integrated seniority lists of Assistant Excise Superintendents separately as illegal, arbitrary and unconstitutional being violation of Articles 14, 16 and 21 of the Constitution of India, contrary to the instructions / clarificatory order issued by the Government in circular memo No. 16/Ser.A/93-39 dt. 21.4.1999 ii. declare the action of the Respondents No.1 & 2 in placing the respondents No.3 to 7 above the names of petitioners herein by notionally promoting them as Excise Superintendents in the panel year 1993-94 is illegal and unconstitutional iii. direct the respondents No.1 & 2 to treat Respondents No.3 to 7 as juniors to the petitioners in the cadre of Asst. Excise Superintendents and Excise Superintendents and effect for the promotions duly treating the petitioners as seniors to the Respondents No. 3 to 7 in the cadres of Asst. Excise Superintendents and Excise Superintendents, by reviewing the seniority list in the cadre of Asst. Excise Superintendents and Excise Superintendents or by duly following the quota/rota between the Direct Recruits i.e., the petitioners and respondents No. 3 to 7 (promotees) and pass such other order or orders in the circumstances of the case. Counsel for the Petitioners: MR.K.VASUDEVA REDDY Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.18007 OF 2007 ORDER: ( per Hon’ble Sri Justice Ghulam Mohammed ) Heard the learned counsel for the parties. 2. The only grievance of the petitioners is that though they have filed the OA in the year 2007, the Tribunal, except ordering notice, has done nothing and no orders are passed as to granting of interim stay etc., and the action of the Tribunal in not passing interim orders in the OA is arbitrary and illegal. 3. We are of the opinion that once the OA is pending and no final orders are passed and only notice has been ordered, this Court cannot entertain any writ petition in such situations. In view of the above, we are not inclined to entertain the writ petition and the same is liable to be dismissed at the threshold. 4. Accordingly, the writ petition is dismissed at the admission stage. However, in the facts and circumstances of the case, the Tribunal is directed to dispose of the OA as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order. ______________________ Ghulam Mohammed, J ______________________ C.V. Ramulu, J Dated: 10th June, 2008 Nrg. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}