T.Suryanarayana, v. The Singareni Collieries Company Limited,

THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND THE HON'BLE SRI JUSTICE G. SHYAM PRASAD WRIT APPEAL No. 1300 of 2016 JUDGMENT: (Per VRS,J) The writ appeal arises out of an interim order passed by the learned single Judge, directing status-quo, with regard to promotions to the post of Additional General Manager in the 1st respondent Organization, to be maintained.

2.

Heard Mr. P.V. Krishnaiah, learned counsel for the appellant. 3.

The appellant earlier came up with a writ petition in W.P.No.4944 of 2016 seeking promotion. An interim order was passed in the said writ petition to consider his representation. Pursuant to the said interim order, the Management passed an order, dated 17.02.2016, rejecting the request.

4.

Challenging the said order, the appellant filed a fresh writ petition in W.P.No.38195 of 2016 and sought an interim direction again to consider his case for promotion and to suspend the order of rejection. In the said writ petition, the learned single Judge passed the following interim order, while ordering notice:

VRS,J & GSP,J WA No.1300 of 2016 "Pending further orders, status quo with regard to promotions to the post of Additional General Manager, E-8, cadre in the 1st respondent organization be maintained. 5.

Aggrieved by the said order of the learned single Judge refusing to grant an interim direction as prayed for, the appellant has come up with the present appeal.

6.

The main relief sought in the writ petition itself is for a direction to promote the appellant. Therefore, there cannot be an interim direction to promote him. Hence, the order of the learned single Judge cannot be interfered with. Therefore, the Writ Appeal is dismissed. However, the respondents are directed to file a counter within two (2) weeks, so that the writ petition could be taken up for disposal at an early date. The learned single Judge is requested to take up the writ petition within four (4) weeks, so that the grievance of the appellant can be redressed.

Consequently, miscellaneous petitions if any pending in the writ appeal shall stand dismissed. No order as to costs. __________________________ V. RAMASUBRAMANIAN, J _____________________ G. SHYAM PRASAD, J 1st December, 2016 cbs

VRS,J & GSP,J WA No.1300 of 2016 THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN √ AND THE HON'BLE SRI JUSTICE G. SHYAM PRASAD Writ Appeal No.1300 of 2016 (Per VRS,J) 1st December, 2016 cbs