IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE B. PRAKASH RAO & THE HONOURABLE SRI JUSTICE B.N.RAO NALLA WRIT PETITION No.26494 of 2010 Date: 26.10.2010 Between: K. Suresh Kumar .....Petitioners AND State of A.P. rep. By its Principal Secretary to Government, Industries & Commerce, Secretariat Buildings, Hyderabad and 6 others. ....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE B. PRAKASH RAO & THE HONOURABLE SRI JUSTICE B.N.RAO NALLA WRIT PETITION No.26494 of 2010 ORDER:(per Honourable Sri Justice B. Prakash Rao) This writ petition is filed seeking Writ of Mandamus declaring the action of the respondents, particularly the 5th respondent in not making enactment invoking Article 309 of the Constitution of India or not making any rules in proviso to Article 309 of the Constitution of India regarding transfer of government employees in the State of A.P., and also declare the action of the respondents in taking steps to disturb the petitioner from the present post at the instance or request of the party respondent without any independent proposals made by the 2nd respondent as arbitrary, illegal and unconstitutional, malafide, discriminatory violating Article 14, 16 and 21 of the Constitution of India and also declare the orders of the Tribunal in O.A.No.5651 of 2010 dated 22.10.2010 as arbitrary and erroneous and set aside the same and issue consequential directions directing the respondents in making any enactment invoking Article 309 of the Constitution of India or framing any rules invoking proviso to Article 309 of the Constitution of India regarding transfer of Government employee in the State of A.P. Heard both sides. At request of both sides, the main writ petition is taken up for disposal. The main grievance of the writ petitioner in this case is that he has filed O.A.No.5651 of 2010 under Section 19 of Andhra Pradesh Administrative Tribunal Act and wherein the learned Single Member, dismissed the OA as not maintainable, and even though the Division Bench of the Tribunal not only admitted O.A.No.5422 of 2010 seeking the same relief sought by other applicant and also granted interim directions by orders dated 13.08.2010 directing to maintain status quo. Having heard the counsel for both sides and having perused the entire material available on record, we are of the view that in the matters of similar nature, there should be consistent view or else, the parties would be misled and it will lead to orders in contradiction to each other and apart from being practical difficulty has been on the execution side. In view of the same, we allow the writ petition and set aside the order in O.A.No.5651 of 2001 and the matter is remanded back to the file of A.P. Administrative Tribunal, Hyderabad for taking up this case along with other connected matters i.e., O.A.No.5422 of 2010. With the above observations, the writ petition is disposed of. There shall be no order as to costs. _____________________ B. PRAKASH RAO,J ___________________ B.N.RAO NALLA,J October 26th , 2010 GK THE HON'BLE SRI JUSTICE B. PRAKASH RAO & THE HONOURABLE SRI JUSTICE B.N.RAO NALLA WRIT PETITION No.26494 of 2010 October 26th, 2010