Andhra HC (Pre-Telangana)
Icds Supervisors And E.Os (W&Cw) ... vs Government Of A.P. And Anr. on 16 December, 2002
Equivalent citations: 2003(1)ALD569
Author: B. Seshasayana Reddy
Bench: B. Seshasayana Reddy
JUDGMENT S.R. Nayak, J.
1. On the face of it, this writ petition is not maintainable in law. In this writ petition filed by the applicant-Association in O.A. No. 9371 of 2002, the following relief is sought:
"For the reasons stated in the accompanying affidavit, the petitioner prays that this Hon'ble Court may be pleased to issue a writ, order or direction more articularly one in the nature of a writ of mandamus declaring the action of the 1st respondent in issuing impugned G.O. Ms. No. 44, Women Development, Child Welfare and Disabled Welfare (ICDS) Department dated 19.9.2002 insofar as it relates to filling up of more than 1000 posts of Child Development Project Officers, Addl. Child Development Project Officers and Supervisors on contract basis and outsourcing 273 posts of Data Entry operators, as arbitrary and illegal and ultra vires of A.P. (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pay Structure) Act, 1994 and consequently direct the respondents to fill up the above posts by the departmental candidates and pass such other order or orders as this Hon'ble Court may deem fit and proper."
In the above O.A. instituted before the A.P. Administrative Tribunal, Hyderabad (for short, the Tribunal), by the petitioner-association, in paras 9 and 10, the following main relief and interim relief are sought "9. Main Relief :--The Applicant-Association therefore, pray that this Hon'ble Tribunal may be pleased to call for the records relating to the issuance of impugned G.O. Ms. No. 44 Women Development and Child Welfare and Disabled Welfare (ICDS) Department dated 19.9.2002 issued by the 1st respondent and declare the same as arbitrary and illegal and quash the same and pass such other order or orders as this Hon'ble Tribunal may deem fit and proper.
10. Interim Relief :--The Applicant-Association also pray that this Hon'ble Tribunal may be pleased to stay all further proceedings pursuance to the issuance of G.O. Ms. No. 44 Women Development and Child Welfare and Disabled Welfare (ICDS) Department dated 19.9.2002 of 1st respondent; pending disposal of the above O.A. and pass such other order or orders as this Hon'ble Tribunal may deem fit and proper."
It is stated that when the above OA was listed before a Bench of the Tribunal on 11.10.2002, the learned Tribunal admitted the O.A. and issued notice regarding interim relief. The petitioner, without waiting for service of notice on the respondents and without seeking interim order at the hands of the learned Tribunal, has rushed to this Court by way of this writ petition. The Constitutional Courts quite often held and reiterated that Article 226 is not meant only to grant interim order. Further, a Division Bench of this Court in R. Manjula v. Principal Secretary to Government, Revenue (Service), Hyderabad, , dealing with a similar fact-situation, held as follows:
"This Court in exercise of its jurisdiction under Article 226 of the Constitution of India would not normally interfere with the discretionary orders passed by the Tribunal. Grant of an interlocutory order or refusal thereof is within the discretion of the Tribunal. This Court would not interfere with such discretion exercised by the Tribunal with regard to the interlocutory orders unless it is established that passing of such interlocutory order or refusal thereof had resulted in an irreversible situation resulting in manifest injustice, it would not be appropriate for this Court to entertain any writ petition only for the purpose of granting an interim order during the pendency of the main proceedings before the Tribunal......
Suffice it to observe, interference of this Court with the exercise of discretion by the Tribunal at interlocutory stage is not a matter of course."
2. As on today, there is no order of the Tribunal, legality of which could be tested before this Court by way of judicial review under Article 226 of the Constitution of India. The learned Tribunal, in its discretion thought it appropriate to issue notice to the respondents and hear them before it considers the question of granting interim relief to the petitioner-association. No exception can be taken to such a course of action on the part of the Tribunal. The writ petition is devoid of any merit and it is accordingly dismissed with no order as to costs. However, the learned Tribunal is directed to hear and dispose of the main OA.expeditiously.