IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.10103 of 2009 Between: Ch. V. Trinadh S/o. Gopala Krishna Rao Akkireddypalem , Visakhapatnam, Visakhapatnam District. ..... PETITIONER AND 1 The Government of Andhra Pradesh Rep. by its Principal Secretary, Panchayt Raj & Rural Development Department, Secretariat, Hyderabad. 2 The Government of Andhra Pradesh Rep. by its Principal Secretary, General Administration Department, Secretariat, Hyderabad. 3 The Commissioner Panchayat Raj & Rural Development , Government of A.P., Himayatnagar, Hyderabad. 4 The District Collector (Panchayat Wing) Visakhapatnam District, Visakhapatnam. 5 The Chief Executive Officer Zillaparishad, Visakhapatnam District. .....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 may be pleased to issue a writ of Mandamus or any other appropriate writ order or direction declaring the impugned G.O.Ms.No. 738, GAD dt. 22- 12-2008 issued by the 2nd respondent and not granting interim orders by the Hon'ble A.P.A.T. in O,.A.No. 5896/2009 dt. 6-5-2009 as illegal, arbitrary null and void and consequently direct the respondents to promote the petitioner herein to the post of Junior Assistant Strictly as per G.O.Ms.No. 365 GAD dt. 17-8-2005 with all consequential benefits by holding the action of the 2nd respondent in cancelling the G.O.Ms.No. 365 GAD dt.17-8-2005 without any notice and opportunity either to the Association of Record Assistant Employees or to the petitioner herein as illegal, arbitrary discriminatory and subversive of Arts. 14 & 16 of the Constitution of India. Counsel for the Petitioner:MR.A.SREEDHAR Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.10103 of 2009 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) This writ petition is filed seeking a writ of mandamus declaring G.O.Ms.No.738, General Administration Department, dated 22-12-2008 issued by the second respondent and not granting interim order in O.A.No.5896 of 2009 as illegal and arbitrary and consequently to direct the respondents to promote the petitioner to the post of Junior Assistant as per G.O.Ms.No.365, dated 17-08-2005 with all consequential benefits. The subject matter of this writ petition is squarely covered by the Division Bench judgment of this court in W.P.No.3186 of 2009, dated 19- 02-2009, wherein the impugned G.O.Ms.No.738, dated 22-12-2008 has been questioned seeking promotion in accordance with the earlier G.O.Ms.No.365, dated 17-08-2005. The grievance of the petitioner is that without giving any notice and opportunity either to the Association of the Andhra Pradesh Record Assistant Employees or to the individual Record Assistants, the 2nd respondent issued the impugned G.O., while cancelling G.O.Ms.No.365, dated 17-08-2005. Having regard to the facts and circumstances of the case, without expressing any opinion with regard to the rival contentions and the controversy, as the subject matter of this writ petition was already considered and disposed of by the Division Bench of this court in W.P.No.3186 of 2009, dated 19-02-2009, we deem it appropriate to direct the parties to maintain status quo for a period of six weeks from today. In the meantime, the learned Government Pleader appearing for the respondents before the Tribunal shall file counter-affidavit in the O.A. The Tribunal is directed to dispose of the O.A. within a period of six weeks from today. Accordingly, the writ petition is disposed of. There shall be no order as to costs. ________________ V.ESWARAIAH, J _____________________ P.SWAROOP REDDY, J Date: 10-06-2009 Note: Issue C.C. in two days (B/o) Prv .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{VSMI}