IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 6967 of 2009 Between: 1 Dr. P.V. Prasad, S/o. Sri Jagga Rao, Department of Opthalmology, Rangaraya Medical College, Kakinada, East Godavari District. 2 Dr. K. Lakshmojinaidu, S/o. Sri K. Venkata Rao, Department of Opthalmology, Rangaraya Medical College, Kakinada, East Godavari District. 3 Dr. M.V. Bhavani, D/o. Subba Rao, Department of Opthalmology, Rangaraya Medical College, Kakinada, East Godavari District. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, Rep by its Principal Secretary, Health Medical and Family Welfare Department, Secretariat Buildings, Secretariat, Hyderabad. 2 The Director of Medical Education, Koti, Hyderabad. .....RESPONDENT(S) 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 to issue an order or orders, direction or directions, writ or writs particularly "Writ of Certiorari" and call for the records pertaining to OA No. 2133 of 2008 dated 19-1-2009 on the file of Andhra Pradesh Adminstrative Tribunal, Hyderabad, and set a side the same as violative of principles of natural justice, contrary to the rules framed under GO Ms.No. 154, Health, Medical and Family Welfare (A2) dated 4-5-2002 and to pass Counsel for the Petitioner:MR.K.L.N.SWAMY Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 6967 of 2009 Oral Order: ( Per Sri GM, J ) This Writ Petition has been filed challenging the order dated 19-1-2009 in O.A.No.2133 of 2008 by the Andhra Pradesh Administrative Tribunal, Hyderabad . The petitioners are three in number state that they were initially appointed as Civil Assistant Surgeons and subsequently they passed M.S. (Ophthalmology) and they were posted as Assistant Professors in teaching hospitals. The petitioners state that they have been posted on teaching side only with a view to gain teaching experience for getting promotion as Associate Professor/Professor. It is noteworthy that University Grants Commission pay scales are to be implemented to the persons posted as Assistant Professors on teaching side, and because of the UGC scales, an anomaly has arisen as seniors are being paid lesser pay scales and that juniors were paid higher scales. In that regard, pursuant to the orders of the Tribunal in O.A.No.7991 of 2007, the Government decided to have counseling to the post of Assistant Professor. Challenging the said Counseling, the petitioners along with others approached the Tribunal. The Tribunal considering the rival contentions of both the parties and the counter filed by the Government, inter alia held that the seniority list was the subject matter of the challenge before the Tribunal and the same was held to be a valid one, and basing on the said seniority, the respondents are taking steps to conduct counseling so as to see that the seniors who are on non-teaching side will get a chance of posting on teaching side so that they would also get the benefit of UGC scales which were extended by the Government vide G.O.Ms.No.816 dated 2-12-2006. In the circumstances, we do not see any merit in the contention of the petitioners that if they are shifted to non teaching side, they may not be qualified to the post of Associate Professor for future promotions. The writ petition is pre-mature and it is accordingly dismissed as meritless. No costs. ______ GM, J _______ BSSR, J KK Date : 27-4-2009 THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 6967 of 2009 27-4-2009