HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION NO. 8180 OF 2011 Between: The Government of Andhra Pradesh represented by its Principal Secretary to Government Revenue Department and three others ………….Petitioners AND Srinivasulu, Working as Prohibition and Excise Sub- Inspector and one another ………….Respondents ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed seeking to issue an order or direction particularly one in the nature of Writ of Certiorari calling for the records relating to and connected with the orders dated 3.11.2010 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in M.A.No. 3173 of 2010 in O.A.No. 3549 of 2010 and quash the same as illegal. The learned Government Pleader for Services-II appearing for the petitioners herein submits that as per the judgment of the Supreme Court in Civil Appeal Nos. 9643-9644 of 1995 in V. JAGANNADHA AND OTHERS VS. STATE OF ANDHRA PRADESH, the main criterion for considering the appointment to the post of Excise Sub-Inspector is the U.O. note viz., U.O Note No. 44232-B/SPF-A/2002, General Administration (SPF.A) Department, dated 15.2.2003, but the Tribunal has committed an error in directing the respondents therein that the case of the applicant may also be considered for appointment as Prohibition and Excise Sub-Inspector by appointment by transfer in Zone VI subject to the result of the O.A without reference to U.O Note dated 15.2.2003. When once the Tribunal is seized off the matter and there is no decision rendered on merits, it is not open for this Court to determine the rights of the parties. Hence, we are not inclined to exercise our Certiorari jurisdiction inasmuch as there is no decision rendered by the Tribunal on merits. Accordingly, the Writ Petition is dismissed. However, the Tribunal is directed to dispose of the O.A viz., O.A.No. 3549 of 2010, within a period of four weeks from the date of receipt of a copy of this order especially before proceeding with the Contempt Case proceedings as it is represented that the Contempt Case Proceedings are pending before the Tribunal. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J _____________________ K.G. SHANKAR, J DATE: 29.03.2011 KA Note: Furnish copy in three days. ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.