HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE K.S. APPA RAO W.P.No. 147 of 2011 Date: 21-01-2011 Between P. Krishna Reddy ……….. Petitioner and T. Vijaya Sekhar and others …….. Respondents HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE K.S. APPA RAO W.P.No. 147 of 2011 ORDER: (Per GM, J) This writ petition has been filed challenging the validity and legality of the order, dated 15-12-2010 passed in O.A.No.8833 of 2010 on the file of the A.P. Administrative Tribunal, Hyderabad (hereinafter referred to as ‘Tribunal’). The brief facts of the case are that the respondents 1 to 4 herein, who belong to SC community, were initially appointed as Prohibition and Excise Inspectors and subsequently, they were promoted as Assistant Excise Superintendents. The respondent No.5 herein, in order to effect promotions to the post of Excise Superintendent including SC and ST vacancies along with OC candidates, requested respondent No.6 through the Memo No.32384/Ex.I(1)/2010-3, dated 02-12-2010 to indicate the order of seniority of Assistant Excise Superintendents belonging to SC and ST community. It is the grievance of the respondents 1 to 4 herein that the respondent No.6 herein has not sent the seniority list of Assistant Excise Superintendent belonging to the SC and ST category as directed by the respondent No.5 herein. Therefore, they filed the said O.A.No.8833 of 2010 before the Tribunal seeking to declare the action of the respondent No.5 in not complying with the said Memo, dated 02- 12-2010 and further to declare the action of the respondent No.5 in convening the DPC for effecting promotions to the post of Excise Superintendent without considering their cases, as illegal and arbitrary. The respondents 1 to 4 have also sought for an interim direction to the respondents therein not to convene the DPC for effecting promotions to the post of Prohibition & Excise Superintendent till considering their cases also against SC and ST vacancies, and till complying with the said memo, dated 02-12-2010. The Tribunal, while issuing notice, passed an order on 15-12-2010 directing that the D.P.C. shall not consider any promotions till the information sought by the Government in Memo No.32384/Ex- I(1)/2010-3, dated 02-12-2010 is placed before it. Aggrieved by the same, the petitioner, who is a third party to the O.A., filed this writ petition. The learned counsel for the petitioner vehemently contended that the Tribunal ought to have restricted the stay of DPC meeting or promotions only with regard to SC & ST candidates, but, by virtue of it’s cryptic order, the promotions of the other category people including the petitioner herein are stalled, and their rights are affected, and therefore, the impugned order is liable to be set aside. The learned counsel for the respondents 1 to 4 contended that the petitioner is a third party to the proceedings in the O.A. and if he is so aggrieved by the order passed by the Tribunal, he ought to have filed an application before the Tribunal seeking his impleadment and other reliefs, but he cannot approach this Court by filing this writ petition. Admittedly the issue is pending before the Tribunal and the rights of the parties are yet to be adjudicated or decided on merits. Since there is no decision reached by the Tribunal on merits, we are not inclined to entertain the writ petition inasmuch as the matter is kept pending for final adjudication before the Tribunal. Accordingly, the writ petition is dismissed. However, since it is brought to our notice that the information sought by the Government with regard to the proceedings in the memo, dated 02-12-2010 is submitted, the Tribunal is directed to dispose of the O.A. within a period of four weeks from the date of receipt of a copy of this order. No order as to costs. ____________________ GHULAM MOHAMMED, J _______________ K.S. APPA RAO, J Date:21-01-2011 YCR