IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINTH 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 : 11124 of 2009 Between: D. Upender Reddy, S/o. D. Venkat Reddy, Hindu, Special Grade Office of the Chief City Planner, Town Planning Section, GHMC, Tank Bund, Hyderabad R/o. H.No. 1-2-288.1, Domalguda, Gagan Mahal, Hyderabad ..... PETITIONER AND 1 The A.P. Town and Country Planning Technical Employees Association Hyderabad (Regd.No. 1628/98 Rep. by its General Secretary Mr. N.S.S.V. Prasad Architectural Draughtsman Ofifce of the Town and Country Planning, 640, AC Guards, Hyderabad. 2 C.V. Purushotham Rao, S/o. Late Mohan Rao, Office of the District Town and Country Planning Officer, Nalgonda, R/o. Plot No. 222, Osmania University Colony, Shaikpet, Hyderabad. 3 The Government of Andhra Pradesh, REp. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Hyderabad. 4 The Director of Town and Country Planning, Government of Andhra Pradesh, A.C. Guards, 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 may be pleased to issue an appropriate writ order or direction more in the nature of WRIT OF MANDAMUS declaring the orders passed by the Hon'ble Tribunal in O.A.No. 6175 of 2009 granted status-quo in respect of implementation of G.O.Rt.No. 1225 Municipal Administration & Urban Development (B2) Department dated 2-8-2008 as arbitrary, unreasonable, improper, contrary to the orders passed by the Hon'ble Tribunal in O.A.No. 1270 of 2009 dated 2-2- 2009 and set aside the same. Counsel for the Petitioner:MR.V.SREE RANGA RAO Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.11124 of 2008 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) The petitioner questions the order passed by the A.P.Administrative Tribunal, Hyderabad, in O.A.No.6175 of 2009, dated 20-05-2009, whereby and whereunder the Tribunal directed to maintain status-quo existing as on that date in respect of implementation of G.O.Rt.No.1225, dated 27-08- 2008. It is the case of the petitioner that while he was working as a Senior Engineer in Republic Forge Company, he has been absorbed in the Town Planning Department as Town Planning Building Overseer in the year 1993, as the Republic Forge Company became sick unit. After 11 years, he made representation, dated 07-06-2004, to the Government stating that he should have been absorbed as Town Planning Officer (Ordinary Grade), which is equivalent to the post held by him in the Republic Forge Company, and the said representation was considered and the Government issued G.O.Rt.No.1225, dated 27-08-2008, ordering for his absorption in the Town Planning Department as Town Planning Officer (Ordinary Grade) instead of Town Planning Building Overseer notionally from the date of his absorption in the Department and to consider his case for consequential promotion as a special case. Questioning the said order, one Mr.M.A.M.K.Aqueel filed O.A.No.10028 of 2008 before the A.P.Administrative Tribunal, Hyderabad, impleading the Government, the Director of Town and Country Planning, the Special Commissioner and the petitioner herein as parties to the said O.A. It is stated that the said O.A. was admitted and no interim orders were passed. Thereafter, the petitioner filed O.A.No.1270 of 2009 seeking implementation of G.O.Rt.No.1225, dated 27-08-2008. The Tribunal while admitting the said O.A. on 02-02-2009, directed respondents 3 and 4 herein to give consequential promotion to the petitioner as per G.O.Rt.No.1225, dated 27- 08-2008. In the said O.A., neither the petitioner in O.A.No.10028 of 2008 nor any other is made as a party. Thereafter, respondents 1 and 2 herein filed O.A.No.6175 of 2009 questioning the order of the Government in G.O.Rt.No.1225, dated 27-08-2008. The Tribunal vide order dated 20-05-2009 while admitting the said O.A. directed to maintain status-quo obtaining as on that date with regard to implementation of G.O.Rt.No.1225, dated 27-08-2008. Questioning the said order, this writ petition has been filed stating that the order passed by the Tribunal is quite contrary to the earlier orders passed in O.A.No.1270 of 2009 filed by the petitioner. It is stated that in O.A.No.10028 of 2008, the Tribunal has not chosen to pass any interim orders and therefore, there cannot be any justification in directing to maintain status-quo in respect of implementation of G.O.Rt.No.1225, dated 27-08-2008. The order passed in O.A.No.1270 of 2009 filed by the petitioner is delivered by a different Bench from that of the order passed in O.A.No.6175 of 2009. We do not know before which Bench O.A.No.10028 of 2008 is pending. As the controversy in all the aforesaid O.As. is with regard to implementation of G.O.Rt.No.1225, dated 27-08-2008, without expressing any opinion on merits of the case, we are of the opinion that all the aforesaid O.As. are required to be clubbed together for considering the interim relief and for passing appropriate orders in accordance with law, after hearing all the parties in the said three O.As. Accordingly, the writ petition is disposed of requesting the A.P.Administrative Tribunal, Hyderabad, to club O.A.Nos.10028 of 2008, 1270 of 2009 and 6175 of 2009 together and consider the interim relief and pass appropriate orders in accordance with law, after hearing all the parties in the said three O.As., as expeditiously as possible, within a period of three weeks from the date of receipt of a copy of this order. There shall be no order as to costs. The order of this court may be placed before the Chairman, A.P.Administrative Tribunal, Hyderabad, so as to see that all the above three O.As., are posted before the same Bench. ________________ V.ESWARAIAH, J _____________________ P.SWAROOP REDDY, J Date: 09-06-2009 Note: Office is directed to communicate the copy of this order to the A.P.Administrative Tribunal, Hyderabad, forthwith. (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{MSN}