THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.18639 of 2009 ORDER: (per the Hon’ble Sri Justice Vilas V. Afzulpurkar) State questions the order of the A.P.Administrative Tribunal, Hyderabad, dated 12-06-2009, allowing O.A.No.7967 of 2007, in this writ petition. The respondent herein, who is the applicant before the Tribunal, is working as a Medical Officer/PG Scholar at Government Nizamia General Hospital, Hyderabad. He sought the relief of declaration that the action of the petitioners herein in not considering his case for promotion to the post of Assistant Professor/Senior Lecturer as per his seniority on par with his juniors, as illegal. The Tribunal has found under the impugned order that as per Rule 13 of the A.P. Unani Medical Service Rules, 2005, the senior candidates, who acquired P.G. qualification and working in non- teaching posts and opt for teaching posts, subsequent to issuance of the aforesaid Rules, need not be insisted upon for the requirement of five years experience. The Tribunal found that the said Rule was interpreted by a Full Bench of the Tribunal in O.A.No.1256 of 2006 and O.A.No.1092 of 2008, dated 30-12-2008, wherein similarly placed Assistant Professors working in Dr.BRKR Government Ayurveda College, who have acquired P.G. qualifications and working in non-teaching posts, were held to be exempted from requirement of teaching experience for a period of five years. Following the ratio of the said Full Bench judgment, the Tribunal allowed the said O.A. directing the petitioners herein to consider the case of the respondent herein for promotion to the post of Assistant Professor/Senior Lecturer on par with juniors, within six weeks from the date of receipt of a copy of the order. The said order is assailed in this writ petition. We have heard both the counsel and we are not impressed upon the contentions of the learned Government Pleader appearing for the petitioners. Rule 13, which is referred to above, specifically provides that five years teaching experience need not be insisted upon with regard to senior candidates, who acquired P.G. qualification and working in non-teaching posts. Therefore, there is no prohibition for candidates working in non-teaching posts to opt for teaching posts. The Tribunal has also found that the respondent herein completed his P.G. course in March, 2008 and was entitled for promotion as senior Lecturer in view of Rule 13 referred to above. The Tribunal also found that several of the juniors of the respondent such as Shaik Mahabub, Smt.Farhad Ara and Smt.Laitha Bai, Dr,I.Sabitha and Dr.A.Suhasini etc. were promoted, but the same benefit was not extended to the respondent herein. The direction of the Tribunal that the case of the respondent be considered for promotion on par with his juniors is clearly sustainable and therefore, we are unable to discern any infirmity in the order passed by the Tribunal. However, learned Government Pleader has brought to our notice the Memo No.4642/12/2008-1, dated 20-05-2008, issued by the Government, wherein the instructions have been issued not to entertain the request of the individuals for change of options from teaching cadre to non-teaching cadre and vice verse in the interest of administration as well as to avoid legal complications. In our view, the Memo of the Government being contrary to Rule 13 referred to above, it would not override the statutory rules. In that view of the matter, no ground is made out to interfere with the order of the Tribunal. Accordingly, the writ petition is dismissed. However, the learned Government Pleader requests that in the alternative, six weeks time granted by the Tribunal may be suitably extended so as to enable the petitioners to consider the case of the respondent. We, therefore, extend the time by a further period of four weeks from today. Subject to the above, the writ petition is dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Dated: 15-09-2009 Prv