HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.24890 OF 2009 Dt.5.12.2009 Between: Y.Gnana Manjari .. Petitioner And The District Educational Officer, Medak District at Sangareddy and others .. Respondents HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.24890 OF 2009 ORDER: (per Sri Justice V.Eswaraiah) Petitioner herein is the applicant before the Andhra Pradesh Administrative Tribunal in O.A.No.1608 of 2009. The petitioner approached the Tribunal seeking to declare the action of the respondents in not promoting her as School Assistant (Biological Science) while promoting her juniors as illegal and arbitrary and to direct the respondents to forthwith consider and promote her as School Assistant (Biological Science) with effect from the date of promotion of her juniors with all consequential benefits. The petitioner also filed interim application seeking to consider her case for promotion to the post of School Assistant (Biological Science) in the ensuing counselling pending further consideration. The Tribunal by order dated 4.2.2009 issued notice before admission to the respondents returnable in two weeks. Against the said order of the Tribunal, this writ petition is filed to declare the action of the Tribunal in not granting interim order as sought in O.A. as erroneous and contrary to the principle of balance of convenience and to direct the respondents to forthwith consider and promote the petitioner as School Assistant (Biological Science) till disposal of O.A. It is stated that the petitioner filed M.A.No.929 of 2009 for expedite hearing of the O.A. and accordingly the O.A. was listed. But the Tribunal has not heard the O.A. so far and therefore the case of the petitioner could not be considered for promotion. It is the case of the petitioner that she possessed B.Sc. degree with Fisheries, Zoology and Chemistry as optional subjects and subsequently she passed B.Ed., and she was selected as Secondary Grade Teacher pursuant to D.S.C 2001. It is her case that though Biological Science is not one of the optional subjects in B.Sc., the petitioner also entitled to be promoted as School Assistant (Biological Science). It is also stated that the optional subjects of Fisheries, Zoology and Chemistry are part of Biological Science and therefore petitioner is entitled to be considered for promotion. It is not known as to what happened after issuing notice before admission on 4.2.2009 and whether counter has been filed by the respondents or not in the said O.A. However, we are of the opinion that as per judgment of this Court in R.Manjula v. Principal Secretary to Government, Revenue (Services.I) Department, Hyderabad[1] normally this Court will not entertain the writ petition against the interim order of the Tribunal. It would not be appropriate for this Court to entertain any writ petition only for the purpose of granting an interim order during the pendency of the main proceedings before the Tribunal. In the instant case, only notice has been issued to the respondents. The writ petition is only filed against the inaction of the respondents in not considering the said application in the O.A. In view of the same, we are of the opinion that it is just and proper to request the Tribunal to consider and dispose of the interim application, if not already disposed of, or the O.A. itself may be disposed of. Accordingly, the writ petition is dismissed requesting the Tribunal to dispose of the interim application or the O.A., as the case may be, on priority basis. ________________ V.ESWARAIAH, J. _________________________ VILAS V. AFZULPURKAR, J. 5.12.2009 Note: Issue copy within one week B.O. kpr [1] 2002 (3) ALD 648 (DB)