IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE SECOND DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 20086 of 2007 Between: A.V. Subbaiah, S/o. Venkataiah, Section 1, Gandipalem Project Sub Division, R/o. Udagiri Village & Mandal, Nellore District. ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep. by its Secretary to Government, Irrigation & CAD Department, Secretariat, Hyderabad. 2 The State of Andhra Pradesh, Rep. by its Secretary to Government, Finance & Planning Department, Secretariat, Hyderabad. 3 The Superintending Engineer, Irrigation Circle, Nellore. 4 The Executive Engineer, Irrigation & CAD Nellore North Division, Kavali, Nellore District. 5 The Deputy Executie Engineer, Gandipalem, Project Sub-Division, Udayagiri, Nellore District. .....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 an order or direction more in the nature of Writ of Certiorari calling for the records pertaining to the order made in O.A.No. 4716 of 2007 dated 20-8-2007 and quash the same as highly illegal, wholly arbitrary, contrary to law and unconstitutional, and consquently direct the respondents, to absorb the petitioner into regular service in any of the existing or ensuing vacancies in the jurisdiction of the respondetns 3 to 5 pursuant to the orders issued by the State Government in G.O.ms.No. 143, Irrigation (Ser.V) Department, dated 10-8-1984 or any other subsequent orders issued by the State Government, by holding that the Petitioner is eligible and entitled to be appointed in any ofthe vacancies, and pass such other and further orders or orders as this Hon'ble Court may deem fit and proper inthe circumstances of the case Counsel for the Petitioner:MRS.A.BALA BARATHI Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No :20086 of 2007 ORDER: (Per Ghulam Mohammed, J) This writ petition is filed challenging the order dated 20.8.2007 passed by the Andhra Pradesh Administrative Tribunal in O.A.No.4716 of 2007, whereunder the Tribunal while admitting the O.A., issued notice to the respondents returnable in four weeks besides directing to maintain status quo, with respect to the petitioner, as on that day. 2. Heard the learned counsel for the petitioner. 3. The details necessary for deciding the writ petition are that the applicant is the writ petitioner and he filed the O.A. seeking a direction to the official respondents to consider his case for absorption into regular service in any one of the existing or ensuing vacancies in the category of NMR Mazdoor. The Tribunal while admitting the O.A., granted status-quo with respect to the petitioner as on that day to be maintained. 4. The learned counsel for the petitioner contends that the Tribunal instead of granting status-quo, ought to have granted interim direction to the respondents to consider the case of the petitioner and the very purpose of filing the O.A. itself is defeated due to non-granting of interim direction. He further contends that the petitioner is eligible and entitled for regular absorption into any existing or ensuing vacancies in the category of NMR Mazdoor and prays to allow the writ petition. 5. It is seen from the impugned order that the O.A. has been admitted and status-quo order was granted pending further consideration. Further, the O.A. itself was posted after eight weeks. The Tribunal has granted opportunity to the official respondents to decide the O.A. on merits. The Tribunal in its discretion has passed the status-quo order and this will protect the rights of the petitioner. 6. Apart from this, the Tribunal has not adjudicated the issues involved in the O.A. on merits. Inasmuch as the Tribunal is seized of the matter, we are not inclined to go into the merits of the writ petition and in the circumstances, the writ petition is liable to be dismissed. 7. However, we deem it appropriate, in the circumstances of the case, to direct the Tribunal to dispose of the O.A. within a period of six weeks from the date of receipt of a copy of this order. 8. The writ petition is dismissed with the above direction. No order as to costs. _____________________ GHULAM MOHAMMED,J ________________ SANJAY KUMAR,J 05-02-2009 Note: The Registry is directed to send a copy of this order to the Registrar, A..P.A.T. through special messenger. B/o. Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{SPJS}