IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 5418 of 2009 Between: Dr.Y.Kiran Kumar, S/o. Y.Raja Rao, Government Medical College, Government General Hospital, Guntur, ..... PETITIONER AND 1 Government of Andhra Pradesh, AP Medical, Health and Family Welfare (A-1) Department, rep by its Principal Secretary, Secretariat, Hyderabd. 2 The Director Medical Education, Andhra Pradesh, Sultan Bazar, Koti, Hyderabad. 3 Dr. Padmasree, Associate Professor, Guntur Medical College, Guntur. .....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 writ, order or direction more particularly one in the nature of Writ of Manamus, or otherwise declaring proceedings in Rc.No.22163/E-1-A/2006 dated 05-09-2006 as arbitrary illegal and unconstitutional and violation Art.14, 16 and 21 of the Constitution of India and further declare the order of the Administration Tribunal in O.A.No.1777 dated 11-2-2009 in issuing only notice withut granting any itnerim order as erroneous and contrary to law and issued consequential direction by suspending the proceedings in Rc.No.22163/E-1-A/2006 dated 05-09- 2006 issued by the 2nd respondent pending disposal of O.A. before the Hon'ble Tribunal, with further direction to consider the petitioner as examinatins according to seniority, in view of the promotion order dated 06-08-2004 and pass Counsel for the Petitioner:MR.T.BALASWAMI Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following THE HON'BLE MR JUSTICE GHULAM MOHAMMED AND THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No. 5418 OF 2009 ORDER: (Per Ghulam Mohammed, J) This writ petition is filed challenging the order, dated 11.02.2009 passed by the Andhra Pradesh Administrative Tribunal in O.A.No. 1777 of 2009, whereunder and whereby the Tribunal has admitted the O.A. and issued notice to the respondents returnable in four weeks, without passing interim order. 2. The details necessary for deciding the writ petition are that the applicant is the writ petitioner and he filed the above O.A. seeking to declare the proceedings dated 5.9.2006, in which, he was shown below his junior without counting his seniority, as illegal and arbitrary and consequently to direct the official respondents to protect his seniority from the date of his promotion as Associate Professor by reckoning the date of his initial appointment. But, the Tribunal has only admitted the O.A. without passing interim order. Aggrieved by the non-passing of interim order in the O.A. the petitioner has filed the present writ petition. 3. The grievance of the petitioner is that in spite of putting forth all the facts before the Tribunal, the Tribunal has failed to pass the interim order, due to which the petitioner would lose the opportunity of being appointed as Examiner. 4. The learned counsel for the petitioner contends that though the petitioner was appointed as Assistant Professor in the year 1991, the third respondent, who was appointed as Assistant Professor in the year 1999 and was junior to him, was shown as senior to the petitioner in the promotion orders dated 5.9.2006, which is not sustainable in law. The learned counsel contends that in view of the said promotion order, the third respondent would be appointed, as Examiner and the petitioner would deprive the opportunity of being appointed as Examiner. The learned counsel further contends that even though the petitioner brought all the factual aspects before the Tribunal, the Tribunal has only admitted the O.A. and issued notice to the official respondents, without passing interim order. 5. The learned Government Pleader for Medical Health and Family Welfare submits that the O.A. has been admitted and the issues will have to be decided at the time of disposal of the O.A. 6. It is seen from the impugned order that the O.A. has been admitted and notice was issued to the respondents, returnable within four weeks. Passing of interim order is discretion of the Tribunal. The Tribunal has granted opportunity to the official respondents to put- forth their defence to decide the O.A. on merits. 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. Hence, the writ petition is dismissed. In view of the urgency pleaded by the learned counsel for the petitioner, the Tribunal is directed to dispose of the O.A. as expeditiously as possible. No order as to costs. _____________________ GHULAM MOHAMMED,J ________________ SANJAY KUMAR,J 19.3.2009 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{LS}