THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE G.V. SEETHAPATHY WRIT PETITION NO : 24621 of 2010 ORDER: (per Hon’ble Smt. Justice T. Meena Kumari) Assailing the order of the A.P. Administrative Tribunal, Hyderabad passed in O.A. No.4011 of 2010, dated 24.6.2010, the department filed the present writ petition. The facts in brief are that the 1st respondent herein filed O.A. No. 4011 of 2009 before the Tribunal seeking to declare the action of the departmental authorities in not considering his case for promotion to the post of School Assistant as illegal and arbitrary. He also sought for a consequential direction to consider his case in the ensuing selections for the post of School Assistant. The Tribunal, by the order impugned in this writ petition, while admitting the O.A. has granted interim direction to place the name of the applicant in the seniority list in accordance with DSC 1996 merit in the ensuing counselling and consider his case along with others for promotion to the post of School Assistant. Aggrieved by the said order, the department filed the present writ petition. Admittedly, the impugned order is only an interim order and the learned Tribunal did not pass any orders touching upon the merits of the case. If really, the department is aggrieved by the interim order passed by the Tribunal, it ought to have filed a vacate petition before the Tribunal seeking vacation of the said interim order. Hence, we are not inclined to entertain the present writ petition. At this stage, learned Special Government Pleader representing the learned Addl. Advocate General has submitted that the department has already filed a vacate petition before the Tribunal and the same is pending. In view of the aforesaid submission of the learned Special Government Pleader, it would suffice if a direction is issued to the Tribunal to dispose of the vacate petition. Accordingly, there shall be a direction to the Tribunal to dispose of the vacate petition, if any, filed by the department in the aforementioned O.A., as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order. The writ petition fails and it is accordingly dismissed. No costs. ___________________ T. MEENA KUMARI,J DATE: 6th October, 2010 _________________ G.V. SEETHAPATHY pnb