IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 26527 of 2008 Between: Dr. B. Bala Narsimha S/o. Late Sayanna Government Homeo Dispensary, Yellampet, Nizamabad District. ..... PETITIONER AND 1 Government of Andhra Pradesh, Health, Medical and Family Welfare Department, Rep. by its Secretary, Secretariat, Hyderabad. 2 The Commissioner of AYUSH, V Floor, A.P.G.L.I. Bhavan, Abids, Hyderabad. .....RESPONDENTS 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 in the nature of Certiorari calling for the records relating to the Order of the A.P. Administrative Tribunal in O.A.No. 9253 of 2008, dated 13-11-2008 and the orders issued by the Government in G.O.Ms.No. 41, HM & FW., dated 4-2-2008 and the consequential Notification dated 24-10-2008 and set-aside the same and consequently hold that the petitioner is entitled for appointment to the post of Medical Officer (Homoeo) by duly treating the post of Medical Officer as State-Wide Post in terms of the orders issued in G.O.Ms.No. 489, HM & FW, dated 16-9- 1991 with all consequential benefits. Counsel for the Petitioner:MR.D.LINGA RAO Counsel for the Respondents: GP FOR SERVICES-I The Court made the following : ORDER: (Per GM, J) This writ petition is filed against the interim order dated 13-11-2008 passed in O.A.No.9253 of 2008 by the Andhra Pradesh Administrative Tribunal, Hyderabad. 2. The petitioner was appointed as a Medical Officer (Homoeo) on contract and statewide basis pursuant to the notification issued in the year 2003. Thereafter, the second respondent issued two notifications dated 30-04-2005 and 04-10- 2005 calling applications for the posts of regular Medical Officer (Homoeo) on statewide basis. Pursuant to the same, respondents appointed as many as 28 Medical Officers (Homoeo) on regular basis, who were working on contract basis, and left 9 Medical Officers who were working on contract basis without appointing them on regular basis. The petitioner is one such person. According to the petitioner, earlier, the respondents have treated the posts of Medical Officers (Homoeo) as Zonal Posts till 1991 and thereafter, treated as statewide posts till 2007. Again, the zonal system was re-introduced for filling up the posts of Medical Officers (Homoeo), vide G.O.Ms.No.41, dated 04-02-2008 and the second respondent maintained fresh roster point from 2008 onwards for each zone separately and consequently, the second respondent issued fresh notification dated 24-10-2008 calling for applications for the posts of Medical Officers in various disciplines treating the said posts as zonal posts and no post of Medical Officer (Homoeo) was notified in Zone VI in spite of two existing vacancies. It is the further case of the petitioner that 20 Medical Officers (Homoeo), who are non-locals to Zone VI, are working in Zone VI and if the respondents repatriate the said non- locals to their parent units in terms of G.O.Ms.No.610, there would be several vacancies of Medical Officers (Homoeo) available in Zone VI. Hence, he filed O.A.No.9253 of 2008 challenging G.O.Ms.No.41, dated 04-02-2008 and the consequential notification dated 24-10-2008 issued by the second respondent and for not considering his claim for appointment to the post of Medical Officer (Homoeo) in one of the existing vacancies in Zone VI. 3. While admitting the said O.A., the Tribunal has directed the respondents to maintain status quo, against which, the present writ petition has been filed. 4. Learned counsel for the petitioner contended that earlier, the post of Medical Officer (Homoeo) was treated as statewide post, but the same was rescinded vide G.O.Ms.No.41, dated 04-02-2008, depriving the appointment of the petitioner as Medical Officer (Homoeo) on regular basis. He further contended that though status quo orders are passed by the Tribunal, the respondents are proceeding to fill up all the existing 15 vacancies, thereby the petitioner’s claim for regular appointment is deprived and, therefore, seeks appropriate directions. Learned counsel in support of his contention relied on the decision of the Apex Court in A. MANOHARAN v. UNION OF INDIA[1] wherein it was held that any vacancy which has arisen prior to coming into force of the said amended regulation must be filled up in terms of the law as was existing prior thereto. Thus, he prays to regularize the services of the petitioner as Medical Officer (Homoeo) by treating it as zonal post. 5. On the other hand, learned Government Pleader for Services I contended that inasmuch as there is no vacancy in respect of Zone VI, the petitioner cannot contend that he should be appointed on regular basis in Zone VI. He further contended that earlier to the said G.O., the post of Medical Officer (Homoeo) was treated as statewide post and the Government in terms of the Presidential Order, has issued G.O.Ms.No.41 dated 04.02.2008 treating it as a zonal post and accordingly, the said notification was issued. 6. Having heard the learned counsel for the petitioner and the learned Government Pleader for Services I, inasmuch as the issue involved in this case will have to await the final adjudication of the O.A. filed by the petitioner and this writ petition is filed only against the interim order passed by the Tribunal, without going into the merits or otherwise of the case, we deem it appropriate to direct the respondents to reserve one post of Medical Officer (Homoeo) in the vacancies notified as per the notification dated 24-10-2008. 7. In the facts and circumstances of the case, the Tribunal is directed to dispose of the O.A. expeditiously, in accordance with law. 8. Accordingly, the Writ Petition is disposed of. No order as to costs. _____________________ GHULAM MOHAMMED, J _________________________ B.SESHASAYANA REDDY, J Date:04.12.2008 Note: Issue CC forthwith. Mark a copy to the Registrar, APAT, Hyderabad. (Bo) sj ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KBJ} [1] 2008(4) SCJ 686