IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST, TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 16752 of 2008 Between: Ch. N.V. Hyma Rao S/o. Ch. Ranga Rao Rajahmundry, East Godavari District. ..... PETITIONER AND 1 The Government of Andrha Pradesh, rep. by its Principal Secretary, T, R & B Department, Secretariat, Hyderabad. 2 The Transport Commissioner, Government of Andhra Pradesh, Khairatabad, Hyderabad. 3 B. Prameela W/o. Hari Babu O/o. Transport Commissioner, Favana Bhavan, RTA Premises, Khairtabad, Hyderabad. 4 M.S. Lakshmi W/o. N. Ramabhadram O/o. Transport Commissioner, Favana Bhavan, RTA Premises, Khairtabad, Hyderabad. 5 P. Bhanu Murthy S/o. Late Ramana O/o. Transport Commissioner, Favana Bhavan, RTA Premises, Khairtabad, Hyderabad. 6 B. Jagadishwar O/o. Transport Commissioner, Favana Bhavan, RTA Premises, Khairtabad, 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 will be pleased to to issue writ, order or direction more particularly one in the nature of Writ of "Certiorari" declaring the order dated 28.07.2008 passed in O.A.No.6568/2007 and batch by the Hon'ble A.P. Administrative Tribunal as unjust and contrary to law and contrary to the directions of this Hon'ble Court dated 23.06.2008 in W.P.No.12947/2008 and contrary to Presidential Order and set aside the same in the interest of justice and pass Counsel for the Petitioner:MR.M.RATNA REDDY Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No : 16752 of 2008 ORDER: (per GHULAM MOHAMMED, J) This writ petition is filed for a writ of Certiorari, declaring the interim order dated 28- 07-2008 passed in O.A. No. 6568 of 2007 and batch by the Andhra Pradesh Administrative Tribunal, Hyderabad (for short “the Tribunal), as unjust and contrary to law and the orders of this court, dated 23-06-2008 in writ petition No.12947 of 2008 and also contrary to Presidential Order and to set aside the same. 2 . This Court by an order dated 23-6-2008 in writ petition No.12947 of 2008 observed as under: “The grievance of the petitioner is that he has filed the implead petition, and vacate-stay petition which is still pending, and without hearing him, the impugned order was passed. The petitioner stated that he has raised the specific plea that the amendments made vide G.O.Ms.Nos.245 and 246 dated 30.08.2007 are contrary to the Presidential Order. Learned counsel for contesting respondents submitted that the petitioner is working in Multi-zone-I and it is for the Tribunal to decide the issue on merits. The vacate-stay petition is still pending and the issue has to be decided on merits taking into account the rival contentions of the parties and also the petitioner. Having regard to the nature of the controversy involved and the fact that vacate-stay petition is still pending, we are not inclined to interfere with the interim order impugned herein. However, the Tribunal is directed to dispose of the vacate-stay petition within a period of two weeks from today. Till such time, the impugned order shall not be given effect.” 3. In the present writ petition, the grievance of the petitioner is that even though the batch of O.As along with VMAs were posted before the Tribunal on 15.07.2008, the Tribunal directed the matter to be posted after two weeks, at request of the learned Government Pleader, for placing the necessary promotional orders against the existing vacancies, to be issued in accordance with the Rules. 4. It is the case of the petitioner that without giving any opportunity of being heard and without considering the legality of the amendment made to G.O.Ms.No.245 and G.O.Ms.No.246, which are contrary to the Presidential Order, the Tribunal has passed the impugned order on 28.07.2008, disposed of the VMAs. This aspect is not seriously disputed by the other side. 5 . Under these circumstances, the impugned order, insofar as the petitioner is concerned, in VMA No.766 of 2007 in O.A.No.6568 of 2007 is liable to be set aside and is accordingly set aside and the Tribunal is directed to dispose of the matter within a period of two weeks from the date of receipt of a copy of this order. 6. The writ petition is, accordingly, allowed. No order as to costs. ______________________ GHULAM MOHAMMED,J _____________ C.V.RAMULU, J 01-08-2008 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}