IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY, THIS THE 6TH DAY OF OCTOBER, 2009 W.P.No.21231 of 2009 Between: 1. Dr. Y.Srinivasulu and another ….PETITIONERS and 1. State of A.P., represented by its Principal Secretary to Government, Health, Medical and Family Welfare Department, Secretariat, Hyderabad – 500 022 and others …RESPONDENTS THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.21231 of 2009 ORDER:( Per HON’BLE SRI JUSTICE V.ESWARAIAH) This writ petition is filed by the applicants before the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A.No.10738 of 2009, aggrieved by the Tribunal ordering notice in the main prayer as well as in the interim prayer and not granting any interim relief whereunder the petitioners sought for suspension of the transfer order vide G.O.Rt.No.1228 Health, Medical & Family Welfare (I.2) Department, dated 22.09.2009, whereby they were transferred from Dr.BRKR Government Ayurvedic College, Hyderabad, to A.L. Government Ayurvedic College, Warangal. Heard the learned counsel for the petitioners. From a perusal of the O.A., it is clear that the interim prayer and the main prayer are one and the same and since this petition is filed challenging the action of Tribunal in not granting any interim relief, we are of the opinion that this writ petition is not maintainable against the action of the Tribunal in not granting any interim relief as, by ordering notice, no case is decided and as the Tribunal did not consider the case either by grant of interim relief or main relief and it only issued notice so as to enable the respondents therein to respond to the contentions raised in the O.A. We are also unable to accept the contention of the learned counsel for the petitioners that the action of the Tribunal in not granting the interim prayer amounts to denial of the relief and the O.A. itself will become infructuous because if, ultimately, the Tribunal finds that the transfer orders are illegal and unsustainable, the petitioners can be relegated to their original positions. Therefore, we are not inclined to entertain the writ petition against the action of the Tribunal in not granting the interim relief. The writ petition is dismissed. However, we direct the Tribunal to consider the case of the petitioner either for grant of interim relief or for disposal of the O.A., after service of notice to all the respondents and after giving opportunity to the parties, as expeditiously as possible, without undue delay. No costs. __________________ V.ESWARAIAH, J ____________________________ VILAS V.AFZULPURKAR, J 06th October 2009 CVRK