HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE K.G. SHANKAR W.P. No. 25933 of 2010 DATED: 28.06.2011 Between:- Dr. Deen Dayal Bung .. Petitioner A N D 1. The State of A.P. rep. by Prl. Secretary to Govt. 2. The State of A.P. rep. by its Director of Medical Education 3. Dr. G.Venkata Prakash 4. Medical Council of India .. Respondents O R D E R: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed seeking to quash the order dated 08.10.2010 passed in O.A. No. 5732 of 2010 by the Andhra Pradesh Administrative Tribunal, Hyderabad. The Tribunal, while adjourning the O.A. for hearing, made the following order: “After going through the material, I am of the prima facie view that the unofficial respondent was senior to the applicant as per the orders issued from time to time and the issue whether the applicant was served with show cause notice; whether he was not given any opportunity to submit his objections to the provisional seniority list; and whether he is senior to the unofficial respondent are to be considered at the time of final hearing of the O.A. Since there is no prima facie material to suspend the orders giving retrospective seniority to the unofficial respondent, the applicant is not entitled to any interim relief. Post the O.A. for hearing in the regular course.” From the above, it is obvious that there is a dispute between the petitioner and the unofficial respondent with regard to the seniority in the matter of promotion in the cadre of Associate Professor. The petitioner asserts that without there being any notice enabling him to file objections, the unofficial respondent was given promotion as Associate Professor by placing him at Serial No.11 in view of the Memos dated 21.04.2010 and 29.09.2010 issued by the 1st respondent. The grievance of the petitioner is that even though the petitioner sought for interim suspension of the two Memos, the Tribunal has not granted the relief as sought for. Hence, the petitioner has filed this writ petition seeking to quash the order dated 08.10.2010. Heard the learned counsel for both the parties and perused the material placed on record. The subject matter of this writ petition is with regard to determination of seniority in the matter of promotion to post of Associate Professor of General Surgery. The Tribunal ought not to have held that the unofficial respondent was senior to the applicant as per the orders issued from time to time. As the matter is argued at length and the rights of the parties are yet to be adjudicated and the matter is seized by the Tribunal, we are not inclined to go into the merits of the case, however in the facts and circumstances of the case, we deem it appropriate to remand the matter to the Tribunal for fresh consideration. Accordingly, the writ petition is allowed and the impugned order dated 08.10.2010 is set aside and the matter is remanded to the Tribunal. The Tribunal is directed to decide the matter afresh without reference to the interim order dated 26.10.2010 passed by this Court in W.P.M.P. No.33118 of 2010 and dispose of the O.A. No.5732 of 2010 together with connected batch of cases if any, in accordance with law, expeditiously, preferably within a period of four weeks from today. No order as to costs. _____________________ GHULAM MOHAMMED, J 28.06.2011 _______________ K.G. SHANKAR, J bcj