IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 192 of 2009 Between: 1 G.V.V.P.S.S.R.S.V.P. Sharma, S/o. Venakataopalam, Office of the District Malaria, Parvathipuram, Vizinagaram District. 2 K. Narayana, S/o. K. Adinarayana, Office of the District Leprosy, Vizianagaram. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Medical Health and FW Department, Secretariat, Hyderabad. 2 The Director of Health, Sultan Bazar, Hyderabad. 3 The Commissioner of Family Welfare, Hyderabad. 4 The Andhra Pradesh Administrative Tribunal, Rep. by its Registrar, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a suitable Writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring that non granting of stay by the Hon'ble APAT while admitting the O.A.No. 9926/2008 dt. 18-12-08 is arbitrary, illegal and violative of principles of natural justice and grant stay as prayed in the O.A. and pass Counsel for the Petitioner:SMT.S.A.V.RATNAM Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED AND THE HONOURABLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO.192 OF 2009 O R D E R (Per Sri Justice Ghulam Mohammed) Aggrieved by the order dated 08.12.2008 passed by the A.P. Administrative Tribunal, Hyderabad, in O.A.No.9926 of 2008, the petitioners filed the present writ petition seeking a writ of Mandamus by declaring that non-granting of stay by the Tribunal is illegal and arbitrary. The petitioners filed O.A.No.9926 of 2008 on the file of the A.P.A.T. to declare that non-inclusion of drivers in G.O.Ms.No.399, dated 17.11.2008 for the post of Multi Purpose Health Assistants (M) as illegal and violative of Articles 14 and 16 of the Constitution of India and to quash the above said G.O. with a consequential direction to the respondents to include the drivers working in Health Department within the 5% promotion channel to the posts of Multi Purpose Health Assistants (M). Heard the learned counsel for the petitioners and the learned Government Pleader for Services-I. The Tribunal while admitting the O.A. issued notice to respondents, but not inclined to pass any interim orders pending disposal of the O.A. Since no final adjudication is made in the O.A. by the Tribunal on merits and the matter is seized of by the Tribunal, we are not inclined to pass any orders in this writ petition, which is liable to be dismissed at the threshold. Accordingly, the writ petition is dismissed at the stage of admission. However, having regard to the facts and circumstances of the case, we deem it appropriate to direct the Tribunal to dispose of the O.A. as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order. There shall be no order as to costs. ----------------------------------- GHULAM MOHAMMED,J -------------------------- SANJAY KUMAR,J 20TH JANUARY, 2008 PGS THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED AND THE HONOURABLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO.192 OF 2009 (Per Sri Justice Ghulam Mohammed) 20TH JANUARY, 2008