IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI & THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 4074 of 2008 Between: K.Praveena D/o.K.Vinayaka Rao Govt. Junior college, Old Town Anantapur ..... PETITIONER AND 1 The Commissioner, of Intermediate Education AP Hyderabad 2 The Regional Joint Director of Intermediate Education Kadapa Region, Kadapa-4 3 Smt.K.Devaki Devi, JL in Botony, Govt Jr.College, Narpala,Anantapur District .....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 a writ order or direction more particularly one in the nature of writ of mandamus declare the interim orders dated 27.7.2007 passed in OA.No.4242 of 2007 by the AP Administrative Tribunal, Hyderabad and the consequential proceedings of the Regional Joint Director, Intermediate Education, Kadapa, in RC.No.1730/A1/A2 /2007-08 dated 19.2.2008 without hearing the VMA.146 of 2008 in OA.No.4242 of 2007 filed by the petitioner herein as illegal arbitrary, opposed to principles of natural justice and consequently set aside the interim orders dated 27.7.2007 passed in OA.No.4242 of 2007. Counsel for the Petitioner: MR.JALAKAM.SAMPATH KUMAR Counsel for the Respondents.: GP FOR SERVICES I The Court made the following : HONOURABLE MRS JUSTICE T.MEENA KUMARI & HONOURABLE MS JUSTICE G. ROHINI WRIT PETITION No:4074 OF 2008 ORDER: (per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is filed by the petitioner seeking to declare the interim orders dated 27.7.2007 passed in O.A.No.4242 of 2007 by the A.P. Administrative Tribunal, Hyderabad and the consequential proceedings of the Regional Joint Director, dated 19.2.2008, without hearing the V.M.A.No.146 of 2008 in O.A.No.4242 of 2007 filed by the petitioner as arbitrary and illegal and consequently, to set aside the interim orders, dated 27.7.2007. The 3rd respondent herein is the applicant in the above O.A. She filed the above O.A. seeking to declare the proceedings issued by the 2nd respondent dated 15.7.2007 posting the applicant at G.J.C (Girls), Gooty, Ananthapur District and posting the 3rd respondent-writ petitioner at Government Junior College, Anantapur as illegal and arbitrary and to declare that the applicant is entitled to be posted at Anantapur, on the ground that since her husband is a heart patient, she sought for transfer to Anantapur for medical treatment of her husband and non-consideration of her request is arbitrary and discriminatory. On 27.7.2007, having considered the facts and circumstances of the case, the Tribunal while suspending the impugned proceedings, issued an interim direction to the official respondents to consider the case of the applicant for transfer to the Government Junior College, Old Town, Ananthapur. In pursuance of the above direction, the 2nd respondent issued proceedings dated 19.2.2008 transferring the applicant to Government Junior College, Ananthapur. Having aggrieved by the same, the present writ petition has been preferred. Heard the learned Counsel for the petitioner as well as the learned Government Pleader and perused the material available on record. The learned Counsel for the petitioner contended that the petitioner has filed V.M.A., on 19.2.2008 before the Tribunal seeking to vacate the interim order dated 27.7.2007 passed by the Tribunal and pending the same, the action of the 2nd respondent in issuing the proceedings dated 19.2.2008 is not sustainable. Before going into the merits of the case, it is pertinent to note that the writ petitioner has already filed VMA before the tribunal seeking to vacate the interim orders. At the same time, the petitioner has filed the present writ petition seeking to set aside the interim orders passed by the Tribunal. It is needless to observe that the party cannot maintain the parallel proceedings in view of the fact that it may lead to divergent opinion. In order to avoid the conflicting opinion and also in view of the fact that the approach of the petitioner before this Court itself is premature one, We see no grounds to entertain this writ petition. Accordingly, this Writ Petition is dismissed. However, the Tribunal is directed to dispose of the VMA within a period of four weeks from the date of receipt of a copy of this order. No order as to costs. _________________________ Justice T. Meena Kumari _________________ Justice G. Rohini Date: 27th February, 2008 Nn/Gurc. HONOURABLE MRS JUSTICE T.MEENA KUMARI & HONOURABLE MS JUSTICE G. ROHINI WRIT PETITION No:4074 OF 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 27.02.2008