IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 18216 of 2006 Between: 1 G. Prasada Rao S/o. G.Appa Rao Sultan Bazar, Hyderabad. 2 K.V.K. Nagesh Kumar S/o. Late K. Rama Rao Sultan Bazar, Hyderabad. 3 Smt. B. Sundari Bayamma W/o. Y. Shiva Rao Sultan Bazar, Hyderabad. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Secretariat, Hyderabad. 2 The Director of Health, Andhra Pradesh, Sultan Bazar, Hyderabad. 3 Smt. K. Madhavi W/o. & age Not known, Andhra Pradesh, Sultan Bazar, Hyderabad. .....RESPONDENTS 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 issue an appropriate writ, order or direction more particularly one in the nature of writ of Certiorari and call for records relating to and connected with order dt. 23-8-2006 of Hon'ble Andhra Pradesh Administrative Tribunal in O.A.No. 5359 of 2006 and quash or set aside the same and consequently to hold that the orders of the Government in G.O.Rt. No. 830, Health, Medical and Family Welfare (H1) Department dt. 19-7-2006 as illegal, without power and jurisdiction, arbitrary, discriminatory and unconstitutional and pass such other order or orders as the Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioners:MR.P.NAVEEN RAO Counsel for the Respondents.: GP FOR SERVICES I The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI. JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 18216 of 2006 JUDGMENT: (per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is filed by the petitioners seeking to quash the order dated 23.8.2006 passed by the A.P. Administrative Tribunal in O.A.No.5359 of 2006 and consequently, to hold the orders of the Government in G.O.Rt.No.803, Health, Medical and Family Welfare (H1) Department, dated 19.7.2006 as illegal and arbitrary. The petitioners herein are the applicants before the tribunal and they filed the above O.A. challenging the orders of the Government in G.O.Rt.No.830 Health, Medical & Family Welfare (H1) Department dated 19.7.2006, where under the Government directed the Director of Health to consider the 3rd respondent therein for promotion as Officer Superintendent though she does not possess the requisite qualification. On 23.8.2006, the tribunal while admitting the O.A. granted interim relief to the effect that any promotion made shall be subject to further orders in the O.A. Having not satisfied with the interim relief, the petitioners-applicants filed the present writ petition on the ground that the tribunal has not granted the interim relief as prayed for. Heard the learned counsel and perused the material available on record as well as the order impugned. On a perusal of the material available on record, it is apparent that as an interim relief, the applicants sought for suspension of the operation of G.O.Rt.No.830 dated 19.7.2006 and on the earlier occasion, the official respondents therein were directed to implement the G.O.Rt.No:830, dated 19.7.2006. In this view of the matter and in view of the fact that the relief that is sought for in the main O.A. and the interim relief are one and the same and also in order to avoid conflicting views, We feel that the tribunal is justified in passing the order impugned. Therefore, the order impugned needs no interference by this Court. However, We feel it appropriate to direct the tribunal to dispose of the O.A. within a period of six months from the date of receipt of a copy of the order. Subject to the above direction, the writ petition is disposed of. No order as to costs. _______________________ Justice T. Meena Kumari _______________________ Justice S.Ashok Kumar Date: 31st March, 2008 Nn/Gurc. THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI. JUSTICE S. ASHOK KUMAR WRIT PETITION NO:18216 of 2006 (Division Bench Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 31.3.2008