IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI. JUSTICE S. ASHOK KUMAR WRIT APPEAL NO : 288 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 26/02/2008 in WP NO : 1103 OF 2008 on the file of the High Court.) Between: The Divisional Electrical Engineer, Operation, Electrical Rural, APSPDCL, PWD Grounds, Bandar Road, Vijayawada, Krishna District. ..... APPELLANT AND 1 D. Venkatesh, S/o. Sri Laxmana, R/o. Chandarlapadu Village and Mandal, Krishna District. 2 Southern Power Distribution Company of A.P. Limited, Rep. by its Chairman and Managing Director, Tirupathi, Chittoor District. 3 Superintending Engineer, Operation, Electrical, A.P.S.P.D.C.L., PWD Grounds, Bandar Road, Vijayawada, Krishna District. .....RESPONDENTS Counsel for the Appellant:MR.P.R.BALARAMI REDDY Counsel for the Respondents: MRKRAGHUVEER REDDY The Court made the following : .. THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI. JUSTICE S. ASHOK KUMAR WRIT APPEAL NO : 288 of 2008 JUDGMENT: (per Hon’ble Smt. Justice T. Meena Kumari) The present writ appeal is preferred by the appellant aggrieved by an order, dated 26.2.2008 passed by the learned Single Judge in WVMP No.346 OF 2008 in WPMP No.1320 of 2008 in W.P.No.22092 of 2008. The appellant herein is the 2nd respondent in the above writ petition. The 1st respondent herein is the writ petitioner. He filed the above writ petition seeking to declare the proceedings of the 2nd respondent therein dated 4.1.2008 as arbitrary and consequently, declare the original promotion vide proceedings of the 2nd respondent dated 10.3.2005 as valid by holding that the seniority of the petitioner shall be reckoned for the purpose of future promotions and consequential benefits. On 25.1.2008, while admitting the writ petition, the learned Single Judge passed an interim order in W.P.M.P.No:1320 of 2008 suspending the order of the 2nd respondent dated 4.1.2008 cancelling the promotion of the writ petitioner made in the year 2005, until further orders. Hence, the appellant-2nd respondent in the writ petition moved WVMP seeking to vacate the said interim order. The learned Single Judge having observed that the action of the respondents in the writ petition appears to be contrary to the principles of natural justice and the impugned order cancelling the promotion of the writ petitioner earlier made as per the recommendations of the D.P.C held in the year 2005, was passed without issuing any notice to the writ petitioner, made the interim order passed on 25.1.2008 in W.P.M.P.1320 of 2008 absolute while posting the writ petition for final hearing immediately after summer vacation of 2008. Heard the learned Counsel and perused the material available on record. In the facts and circumstances of the case coupled with the promotion of the petitioner made on the recommendations of the D.P.C held in the year 2005 as well as the fact that the order impugned in the writ petition has been issued without issuing any notice to the writ petitioner, We feel that the order of the learned single Judge, needs no interference by this Court inasmuch as the findings, if any given by this Court at this stage of the proceedings, may touch the very merits of the writ petition, which has already been posted for final hearing immediately after summer vacation. Hence, We see no merits in this writ appeal and the same is liable to be dismissed. Accordingly, this Writ Appeal is dismissed. No costs. _________________________ Justice T. Meena Kumari _______________________ Justice S.Ashok Kumar Date: 31st March, 2008 Nn/Gurc. THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI. JUSTICE S. ASHOK KUMAR WRIT APPEAL NO : 288 of 2008 (Division Bench Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 31.3.2008