CH RAMA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These writ applications involve an interesting question of law as regards the power of Administrative Tribunal constituted under Article 323-A of the Constitution of India to issue an interim order although no rule of contempt has been issued in exercise of its power under Section 17 of the Administrative Tribunals Act (hereinafter referred to as the said Act).

(2.) The basic fact of the matter is not in dispute. The caveators - unofficial respondents working in the Department of Industries have filed various applications under Section 19 of the said Act to direct the respondents not to effect promotions to the post of Joint Directors till further orders. In OA. No. 918 of 2001, the learned Tribunal directed the respondents not to effect promotions to the post of Joint Director till further orders.

(3.) In the said case, the prayer reads thus: "To grant appropriate relief, declaring the action of the respondents in effecting promotions to the post of Joint Director of Industries without preparing seniority list in the feeder category in Deputy Director of Industries and giving effect to the D.P.C. recommendations dated 3-8-2000 which expired by 31-12-2000 as arbitrary, illegal and unconstitutional violating Articles 14, 16 and 21 of the Constitution of India and consequential directions directing the respondents in restraining from effecting promotions to the post of Joint Director of Industries without preparing seniority list in the cadre of Deputy Director of Industries which is the feeder category and also restrain them from giving promotions to the post of Joint Director of Industries basing on D. P.C. recommendations dated 3-8-2000 and effect promotions only after preparation of final seniority list or any other provisional seniority which is existing.