THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No. 21743 of 2009 Date of disposal: 8.12.2009 Between: Government of A.P., represented by its Principal Secretary to Government, Health Medical and Family Welfare Department and others …Petitioners and Registrar, A.P.A.T. Hyderabad and others …Respondents THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No. 21743 of 2009 ORDER: (Per Hon’ble Sri Justice V. Eswaraiah) This writ petition is filed by the Government challenging the orders of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short “the Tribunal”) dated 17.9.2009 passed in CMA No. 240 of 2009 in CA No. 22 of 2009 in OA No. 10474 of 2008, CA No. 24 of 2009 in OA No. 10076 of 2008, CA No. 94 of 2009 in OA No. 9916 of 2008. By this order, the Tribunal dismissed the application of the Principal Secretary to Government, Medical, Health and Family Welfare seeking to dispense with his personal appearance in contempt cases and Non-Bailable Warrant issued against him to be executed by 4.10.2009. While entertaining this writ petition, this Court, by order dated 13.10.2009, stayed the execution of the Non-Bailable Warrant issued against the Principal Secretary to Government, Medical, Health and Family Welfare subject to condition that he shall comply with the orders of the Tribunal within four weeks from that date. It is stated that the respondents 2 to 4 herein have filed the above OAs before the Tribunal seeking promotion to the post of Deputy Para-Medical Officers and the Tribunal has passed interim orders directing the writ petitioners to issue promotion orders to them as Deputy Para-Medical Officers in pursuance of the panel approved by the competent authority. Subsequently the writ petitioners have filed vacate stay petitions which were dismissed by the Tribunal. Complaining non-compliance of the interim orders, the respondents 2 to 4 have filed contempt cases in which the impugned order came to be passed. The learned Government Pleader for Services-I appearing for the writ petitioners has placed an order being Govt. Memo No. 11143/F2/2009, Health, Medical and Family Welfare (F2) Department, dated 13.11.2009 and submits that the Government has decided to withdraw the writ petition on the ground that the interim orders of the Tribunal have been complied with. Paras 6 and 7 of the said Memo read as under, “6. After detailed discussion with all departments concerned and taking their views and after careful examination of the entire case and in the light of interim orders of Hon’ble APAT dt. 1.12.2008 it is hereby decided to comply with the interim orders of the APAT dated 1.12.2008. 7. Accordingly, the Director of Health and all the RDs are hereby permitted to effect the promotions to the N.L.E.P. staff (i.e., A.P.M.Os, Dy.PMOs and PMOs) duly taking up counseling for clear vacancies in promotional posts which are reported by Director of Health through reference 8th cited. The Director of Health is further instructed that the conditions referred in para-2 ante, must be strictly complied with. “ In view of the aforesaid orders of the Government, the contempt cases before the Tribunal do not survive and accordingly they shall stand closed and the Non-Bailable Warrant issued against the Principal Secretary to Government, Medical, health and Family Welfare is cancelled. Recording the statement of the learned Government Pleader for Services-I and the aforesaid Memo of the Government, the writ petition is accordingly closed. No costs. ______________________ JUSTICE V. ESWARAIAH _____________________________ JUSTICE VILAS V. AFZULPURKAR Dt. 8.12.2009 KR