IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 28059 of 2007 Between: 1 The Government of A.P., rep by Special Chief Secretary to Government Revenue (Excise) Department Secretariat, Hyderabad. 2 The Commissioner of Prohibition and Excise, A.P. Nampally, Hyderabad 3 The Secretary to Government, General Administration Dept, Govt of A.P., Secretariat, Hyderaad. ..... PETITIONER(S) AND P. Shivarama Sastry Prohibition and Excise, Warangal .....RESPONDENT 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 inthe nature of Writ of Certioorari" calling for the records relating to the orders of the Hon'ble A.P. Admn. tribunal, Hyderabad passed in O.A. No. 8917/2005 dated 13-12-2005 a sbeing erroneous, illegal and unreasonable and quash the same and pass such other order or orders as this Hon'ble Court may deem fit and proper inthe circumstances of the case. Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: . The Court made the following : ORDER: (Per Sri V.Eswaraiah, J.) Heard the learned Government Pleader for Services-II appearing for the petitioners. It is stated that the respondent herein filed O.A.No.8917 of 2005 on the file of the Andhra Pradesh Administrative Tribunal to consider his case for the regular promotion to the post of Deputy Commissioner of Prohibition and Excise as per the decision of earlier DPC in view of the fact that the ACB case relating to disproportionate assets was dropped by the Government in G.O.Rt.No.2363, dated 29.11.2005. It is stated that the respondent was promoted as adhoc Deputy Commissioner of Prohibition and Excise vide orders issued in G.O.Ms.No.52, Revenue (Excise-I) Department, dated 7.2.2002. But the DPC was not considered his case for regular promotion on the ground that ACB case was pending and in those circumstances he filed the said O.A.No.8917 of 2005. The Tribunal by interim order dated 30.12.2005 in the said O.A. directed the petitioners to take into consideration of the date of appointment of the applicant/respondent as Excise Superintendent as given in the Government Memo.No.23242/ Ex.I(1)/92-11, dated 21.3.1998, and as confirmed in G.O.Rt.No.920 dated 20.11.1998 while effecting promotions to the post of Deputy Commissioner and Joint Commissioner of Excise, pending further orders. Aggrieved by the same, this writ petition is filed on the ground that the petitioners filed vacate stay petition in V.M.A.No.230 of 2006 on 16.2.2006 in the said O.A.No.8917 of 2005. But without disposing of the said V.M.A.No.230 of 2006, the Tribunal issued notice in C.A.No.596 of 2007 in the said O.A.No.8917 of 2005 for implementation of the said interim order. Therefore, this writ petition has been filed and this Court granted interim suspension of the said order of the Tribunal on 30.1.2008 in W.P.M.P.No.28059 of 2007. The learned Government Pleader for Services-II appearing on behalf of the petitioners submits that the writ petition itself may be disposed of directing the Tribunal to take up V.M.A.No.230 of 2006 as well as the C.A.No.596 of 2007 as the said O.A.No.8917 of 2005 if it is still pending. Having regard to the facts and circumstances of the case, we are of the opinion that it is just and proper to direct the Tribunal to consider V.M.A.No.230 of 2006 as well as C.A.No.596 of 2007 and pass appropriate orders in the said O.A.No.8917 of 2005 in accordance with law as expeditiously as possible. Till such time, status quo obtaining as on today shall be maintained. The writ petition is accordingly disposed of. No order as to costs. ________________ V.ESWARAIAH, J. _________________ P.SWAROOP REDDY, J. 26.6.2009 kpr