IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 7916 of 2008 Between: S.Sankara Rao S/o. Musalaiah O/o. Dy.Executive Engineer, NSJC., O&M Sub-Division, Nakarikallu, Guntur District. ..... PETITIONER AND 1 The Superintending Engineer, NSJC., O&M Circle, Lingamguntla, Guntur, Guntur District. 2 The Executive Engineer, NSJC., O&M Divison, Saattenapally, Guntur District. .....RESPONDENTS 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 issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the order passed in O.A.No. 6521/207 dt. 4.3.2008 on the file of the Hon'ble A.P. Administrative Tribunal as illegal, arbitrary and consequently set aside the same by further declaring that the order passed by the respondent authority in No. AB/A/A-28B/1240 dt. 24.10.2007 is illegal, arbitrary. Counsel for the Petitioner:MR.V.MALLIK Counsel for the Respondents No.: GP FOR SERVICES II The Court made the following : . THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE P.S.NARAYANA WRIT PETITION NO :7916 of 2008 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioner seeking to set aside the order, dated 04.03.2008 passed by the A.P. Administrative Tribunal in O.A.No.6521 of 2007. The petitioner herein is the applicant before the Tribunal. He filed the above O.A. seeking to declare the proceedings dated 24.10.2007 issued by the 2nd respondent as illegal and arbitrary and to set aside the same on the ground that the impugned orders have been issued under the instructions of the Deputy Director of Lok Ayukta, Hyderabad, who has no jurisdiction in service matters of civil servants but not on independent application of mind. The tribunal having observed that the applicant has no right to be continued on O.D. basis, as the services of the applicant were temporarily diverted, dismissed the O.A. Heard the learned Counsel for the petitioner and the learned Government Pleader and perused the material available on record. On a perusal of the order impugned in the O.A., it is apparent that the services of the applicant have been temporarily diverted on O.D. basis and as there is no requirement of his services at NSC camp, the said orders have been cancelled. The diversion of the applicant is purely on a temporary basis due to the exigency. After completion of the requirement, the said arrangement was cancelled and the applicant has been ordered to work in his original place. The proceedings in question is within the realm of the administration. In case of this nature, the Courts will not generally interfere with unless and until some malafides are found in the course of action. In this view of the matter, We do not find any reason to interfere with the order of the tribunal and the writ petition is devoid of merits and the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No order as to costs. _______________________ Justice T. Meena Kumari ____________________ Justice P.S.Narayana Date: 11/04/2008 Gurc/nn THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO.7916 OF 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) Dated: 11.04.2008