IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 630 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 22/04/2009 in WP NO : 3396 OF 2009 on the file of the High Court.) Between: Dr. K. Ekambari, D/o. Bheem Rao, APSRTC, Tarnaka Hospital, Hyderabad. ..... APPELLANT AND 1 The APSRTC, Rep. by its Managing Director, Bus Bhavan, Musheerabad, Hyderabad. 2 Dr. D. Seshakumari, W/o.Not Known, APSRTC, Dispensary, Vizianagaram, Vizianagaram District. .....RESPONDENTS Counsel for the Appellant: SRI V.MALLIK Counsel for the Respondents.: SRI K.MADHAVA REDDY(SC FOR APSRTC) The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 630 of 2009 JUDGMENT: (per Hon’ble Smt. Justice T. Meena Kumari) The present writ appeal is preferred by the appellant aggrieved by the order, dated 22.04.2009 passed by the learned single Judge in WPMP No.4417 of 2009 in W.P.No.3396 of 2009. The appellant, who is the writ petitioner filed the above writ petition seeking to declare the action of the respondent-Corporation with regard to filling up the post of Senior Medical Officers under the control of the respondent-Corporation by changing the roasters as illegal and arbitrary and to issue a consequential direction to appoint the writ petitioner as senior Medical Officer in the Roaster point earmarked to the writ petitioner viz., Roaster No.8. Along with the writ petition, the appellant also filed the above WPMP seeking a direction to the respondent-corporation not to fill up one vacancy of senior medical officer pending disposal of the writ petition. The learned single Judge having observed that the direction not to fill up the vacancy does not in any manner ensure to her benefit, dismissed the WPMP. Having aggrieved by the same, the present appeal has been filed. Heard the learned Counsel and perused the material available on record. It is the main grievance of the appellant that though she belongs to Schedule Tribe, her case is not being considered for promotion as Senior Medical Officer in terms of G.O.Ms.No.5 and 21, dated 14.2.2003 and 18.3.2003 respectively. The present appeal is filed against an interlocutory order. In order to grant the relief for not filling up one vacancy of Senior Medical Officer pending the writ petition, it has to be decided as to whether the appellant is entitled to be promoted as sought for. Without deciding that issue, the direction to reserve one post, would cause prejudice to the other candidate, who is eligible to be promoted and it would lead to multiplicity of proceedings. Therefore, we feel that opinion expressed, if any, as to the entitlement of the appellant for promotion, at this stage of the proceedings, would touch the very merits of the main writ petition. Apart from that, as rightly observed by the learned single Judge, if the appellant succeeds in the writ petition, she will get the consequential benefits. Under the above circumstances, We have no hesitation to hold that the order of the learned single Judge does not suffer from any illegality or irregularity warranting interference of this Court. Accordingly, the writ appeal is dismissed. No order as to costs. Registry is directed to post the writ petition in June, 2009 after obtaining orders from the Hon’ble The Chief Justice. _________________________ Justice T. Meena Kumari ____________________________ Justice VILAS V. AFZULPURKAR Date: 30th April, 2009 Nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO :630 of 2009 (Judgment delivered by the Hon’ble Smt. Justice T. Meena Kumari) 30th April, 2009