IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 433 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 16/02/2009 in WP NO : 13406 OF 2008 on the file of the High Court.) Between: 1 National Council for Cement & Building Materials Rep. by its Director NCB Bhavan, Old Bombay Road, Hyderabad. 2 National Council for Cement & Building Materials Rep. by its Director 34, KM Stone, Delhi Mathura Road, Ballabgarh, Haryana. 3 National Council for Cement & Building Materials, 34 KM Stone, Drelhi Mathura Road, Ballbgarh, Haryana Rep by its director. ..... APPELLANT(S) AND 1 Dr.L.H.RAO, S/o. Late Surya Rao, Residing at Hyderabad. 2 Dr. A. N. VYASA RAO, S/o. Late A.N. Srinivasa Rao, Residing at Hyderabad. 3 Government of India Ministry of Commerce and Industry Department of Industrial Policy & Promotion Udyogh Bhavan, New Delhi, Represented by its Director .....RESPONDENT(S) Counsel for the Appellant:MR.S.MALLA RAO Counsel for the Respondent No.: MR.G.VASANTHA RAYUDU The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 433 of 2009 JUDGMENT: (per Hon’ble Smt. Justice T.Meena Kumari) This writ petition is filed challenging the order dated 16.2.2009 in WPMP No.34648 of 2008 in W.P.No.13406 of 2008 by the learned single Judge. Respondents 1 and 2 herein are the writ petitioners and they filed the above writ petition seeking to declare the action of the appellants- authorities in not sending the interview letters scheduled to be held on 3rd and 4th of July, 2008 as arbitrary and illegal. On 26.6.2008, while admitting the above writ petition, the learned single Judge issued an interim direction to the appellants-authorities to consider the case of the writ petitioners also for promotion to the post of D1 category. Subsequently, on filing of the vacate stay petition by the appellants-authorities, the learned single Judge directed the appellants to consider the case of the writ petitioners as well as others, as per their eligibility and promote them to D1 grade from the date of completion of four years of service from the date of confirmation in E7 grade. On that, the appellants-authorities filed the above WPMP seeking to clarify the order passed in the vacate stay petition. The learned single Judge dismissed the above WPMP. Hence, the present appeal has been preferred by the appellants-authorities. Heard the learned Counsel for the appellants as well as the learned Counsel for the respondents and perused the material available on record. As can be seen from the material available on record, it is apparent that the orders passed by the learned single Judge in the W.P.M.P.17297 of 2008 as well as in the vacate stay petition directing the appellants- authorities to consider the case of the writ petitioners as well as others, as per their eligibility and promote them to D1 grade from the date of completion of four years of service from the date of confirmation in E7 grade, are very clear and there is no ambiguity. Apart from that, the writ petition is still pending. Therefore, the approach of the appellants- authorities seeking clarification without any sufficient reason or ground, appears to be unjust and unreasonable and hence, no clarification is required as sought for. Accordingly, this writ appeal is dismissed. No costs. _______________________ Justice T.Meena Kumari ___________________________ Justice Vilas V. Afzulpurkar Dated: 7th April, 2009 Gurc/nn THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO :433 of 2009 (Order of the Division Bench delivered by the Hon’ble Smt. Justice T.Meena Kumari) 7th April, 2009