IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.20921 of 2009 Between: The Gudivada Municipality, rep.by its Commissioner, Gudivada, Krishna District ..... PETITIONER AND S.Venkateswara Rao and another .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.20921 of 2009 ORDER: (per Hon’ble Sri Justice Vilas V.Afzulpurkar) This writ petition is filed against the interim order passed by the Andhra Pradesh Administrative Tribunal, Hyderabad (hereinafter referred to as “the Tribunal”) in O.A.4155 of 2009 dated 04.03.2009. The present writ petition is filed by Respondent No.2 in the O.A. against the interim direction of the Tribunal, which directs the petitioner herein to consider the case of the 1st respondent/applicant for promotion to the post of Headmaster in the second vacancy notwithstanding the pendency of O.As.10535 and 6133 of 2008. The said interim order of the Tribunal is preceded by prima facie reasons in support of the said order and it is evident from the said reasons that dispute relating to seniority among the employees is subject matter of another O.As.10535 and 6133 of 2008, but there is no stay of the seniority list as there are two vacancies. It is also noticed by the Tribunal that as against the first vacancy the incumbent at Sl.No.1 was promoted and the applicant before the Tribunal in the O.A. is figuring at Sl.No.2 who in normal course is to be promoted. However, since his case was specifically excluded from consideration, he approached the Tribunal by the present O.A. Thus, the reasoned interim order of the Tribunal which is questioned in this writ petition at the instance of the 2nd respondent in the O.A. is clearly sustainable. Merely because the seniority dispute is pending subject matter of some other O.As, though there is no stay in the said O.As, the petitioner herein cannot refuse to consider the case of the applicant before the Tribunal. We are, therefore, not inclined to exercise our certiorari jurisdiction against the said interim order. It is, however, open for the petitioner to approach the Tribunal by filing a counter affidavit, if he is so advised, by an application seeking vacation of the impugned order. The Writ Petition is accordingly dismissed. No order as to costs. ___________________ V.ESWARAIAH,J ___________________________ VILAS V.AFZULPURKAR,J Dated: 25.09.2009 Dsr