THE HON’BLE SRI JUSTICE V.V.S. RAO AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL No.417 of 2010 Dated:21.06.2010 Between: The Commissioner of Youth Services And Managing Director, APSTEPS, Secunderabad .. Appellant And R.Rajendran and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S. RAO AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL No.417 of 2010 JUDGMENT: (per Hon’ble Sri Justice V.V.S. Rao) The Letters Patent Appeal is against the interlocutory order in W.P.M.P. No.17845 of 2009 dated 15.04.2010, whereby and whereunder, the learned Single Judge, while making the interim order dated 08.10.2009 absolute, dismissed the appellant’s miscellaneous application to vacate the said order. The first respondent is Assistant Manager-cum-Accountant at the relevant time. Initially, he was appointed as Loan Inspector in Andhra Pradesh Society for Training and Employment Promotion (APSTEP) and promoted as Assistant Manager on 07.04.2000. Alleging that he has been denied his due promotion to the post of Manager in APSTEP, though his juniors were promoted, he filed the Writ Petition seeking a declaration and direction to promote him. The matter was admitted and interlocutory order was passed in following terms. Heard. There appears to be no dispute about existence of two vacancies. Learned counsel for the respondents also reports that there are no charges against the petitioner. The fact that several juniors to the petitioner were already promoted is also not in serious dispute. Considering the circumstances, there shall be interim direction to the respondents to pass orders promoting the petitioner to the post of Manager within a period of three (3) months from today. When the appellant herein moved the application to vacate the stay, the above interim order was made absolute. In this appeal, learned Standing Counsel for appellant submits that if the interim order is not vacated, it amounts to allowing the Writ Petition at interlocutory stage, and therefore, the learned Judge was in error in passing such an order and giving a direction to the appellant to promote the first respondent. No doubt, ordinarily if the interim relief and the main relief are the same, the interim relief cannot be granted. There can also be no doubt that the ex parte interlocutory order passed by this Court is in mandatory terms directing the first respondent to be promoted to the post of the Manager, which in our opinion, in the facts and circumstances of the case, is not proper. Be that as it is, the counsel for the first respondent submits – and the same is not denied; that a day before filing the Writ Appeal, APSTEP, by Proceedings No.1165/APSTEP/A/91, dated 29.04.2010, temporarily promoted the first respondent on adhoc basis as Manager to SETRAJ, Kakinada. It is also brought to the notice of this Court that the first respondent has assumed the charge and is working as such. In view of this, we dispose of the Writ Appeal observing that any promotion of the first respondent as Manager on adhoc basis either to a regular post or supernumerary post, shall abide by the final result in the Writ Petition. The Writ Appeal is accordingly disposed of. ___________ V.V.S. RAO, J _______________________ VILAS V. AFZULPURKAR, J 21.06.2010 KH