THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No.14299 of 2009 ORDER: (Per Hon’ble Sri Justice V. Eswaraiah) Aggrieved by the interim order, dated 26-09-2008, passed by the A.P.Administrative Tribunal, Hyderabad, (for short “the Tribunal”) in M.A.No.2427 of 2008 in O.A.No.4358 of 2008, the present writ petition is filed by the State. The respondent-applicant filed the said O.A. to declare the action of the official respondents-petitioners herein in not granting him pensionary and retirement benefits as illegal and arbitrary. In the pending O.A., the respondent-applicant filed M.A.No.2427 of 2008 to declare the proceedings of the Superintending Engineer (R&B) Visakhapatnam, dated 31-10-2001 as illegal and arbitrary and consequently to direct the respondents in the O.A. to treat the period from the date of dismissal till the date of superannuation ‘as duty’ and pay all consequential benefits including pensionary benefits. Learned Government Pleader appearing for the petitioners submits that M.A.No.2427 of 2008 in the said O.A. was filed to declare the proceedings of the Superintending Engineer (R&B) Visakhapatnam, dated 31-10-2001 as illegal and arbitrary and consequently to direct the respondents in the O.A. to treat the period from the date of dismissal till the date of superannuation ‘as duty’ and pay all consequential benefits including pensionary benefits. But, however, the Tribunal erroneously extracted something else in the prayer portion of the impugned order and allowed the M.A. directing the respondents therein to release all pensionary benefits to the applicant forthwith. If the M.A. is allowed, it amounts to amending the main prayer in the O.A. As the M.A. was allowed, the main prayer of the O.A. stands amended. But, however, the Tribunal, without noticing the prayer in the M.A., that too without assigning any reasons, independently directed the respondents therein to release all pensionary benefits, which is the main prayer in the O.A. We are of the opinion that the Tribunal ought not to have passed the said order without assigning any reasons and the said interim relief is in the nature of main relief. Therefore, the Tribunal has committed an error in passing the impugned order and, as such, the same is liable to be set aside. Accordingly, the writ petition is allowed setting aside the impugned order of the Tribunal. The Tribunal is directed to dispose of the main O.A. itself on priority basis. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Date: 23-12-2009 Prv