IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO :639 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 20/01/2009 in WP NO : 27798 OF 2008 on the file of the High Court.) Between: 1 P.Ramchandra Reddy, S/o. Pitchi Reddy, R/o. Bhongiri, Nalgonda District. 2 K.Brahmachary, S/o. Narayana R/o. Ramannapet, Nalgonda District. 3 N.Dayakar Reddy, S/o. Gopal Reddy, R/O. Miryalguda, Nalgonda District. 4 P.Anantha Rao, S/o. Narasinga Rao, R/o. Nalgonda, Nalgonda District. 5 B.Radha Krishna Rao, S/o. Viswanadham, R/o. Bhongir, Nalgonda District. ..... APPELLANTS AND 1 A.P. TRANSCO rep by its Chariman & Managing Director, Vidyut Soudha, Hyderabad. 2 A.P.Central Power Distribution co. Ltd., Rep by its Chairman & Managing Director, Mint Compound, Hyderabad. 3 Superintending Engineer (Operations), A.P. Central Power Distributions Co.Ltd., Nalgonda. 4 S.Satyanarayana S/o.Gurvaiah R/o.Miryalguda, Nalgonda District. 5 T.Narayana S/o.Laxmaiah R/o.Miryalguda, Nalgonda District. 6 P.Vijaya Kumar S/o.Narayana Rao R/o.Suryapet, Nalgonda District. 7 Ch.Krishna Rao S/o.Sheshaiah R/o.Miryalguda, Nalgonda District. 8 B.Muralidhar Rao S/o.Ranga Rao R/o.Miryalguda, Nalgonda District. 9 S.Narsimha S/o.Laxmaiah R/o.Nalgonda, Nalgonda District. 10 V.Ravi Kumar S/o.Chandra Chary, R/o.Nalgonda, Nalgonda District. 11 M.A.Mosin S/o.M.A.Mazeed R/o.Nalgonda, Nalgonda District. 12 M.Satyanarayana S/o.Anandam R/o.Miryalguda, Nalgonda District. 13 M.Suresh Kumar S/o. Anantha Kumar R/o.Nalgonda, Nalgonda District. 14 K.Narsimha Reddy S/o.Gopal Reddy R/o.Nalgonda, Nalgonda District. .....RESPONDENTS Counsel for the Appellants: MR.V.HARI HARAN Counsel for the Respondent Nos.1 to 3: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO :639 of 2009 JUDGMENT: (per Smt. T. Meena Kumari,J) The present writ appeal is directed against the order of the learned single Judge dated 20.1.2009 made in WPMP No. 36430 of 2008 in Writ Petition No. 27798 of 2008. The facts in brief are that assailing the proceedings in TOO No. (Addl. Secretary Per) Ms. 200, dated 14.11.2008 of the 1st respondent, the appellants and the unofficial respondents have filed Writ Petition No. 27798 of 2008 before the learned single Judge. Through the said proceedings, the respondents while exercising the powers referred to in Regulation 41 of APSEB Service Regulations Part-II as adopted by A.P. Transco and Rule 7 of the Andhra Pradesh Electricity Reforms(Transfer Scheme) Rules, 19999 in relaxation of Note-2 under Column 3 against the category of Accountant (Now JAO) in Annexure-III referred to in Regulation 14 of APSEB Service Regulations Part-III as adopted by A.P. Transco; ordered that the Bill Collectors/Revenue Cashiers who were appointed after 11.7.1974 and presently working as UDCs shall be considered for promotion to the post of JAO duly exempting them from possessing the graduation qualification subject to certain conditions mentioned therein. In that writ petition, they filed W.P.M.P. No. 36430 of 2008 seeking to suspend the operation of the aforesaid proceedings. The learned single Judge by the impugned order, granted interim order stating that “any promotion effected in pursuance of the impugned proceedings shall be subject to the result of the writ petition.” Assailing the said order, the appellants filed the present writ appeal. Learned counsel for the appellants contends that as the minimum qualification for the post of Junior Accounts Officer is Graduation, the respondents ought not to have granted exemption to the Bill Collectors/Revenue Cashiers from passing Graduation. He would further contend that the respondents have taken a policy decision as long back as on 8.1.2008 not to consider non-graduate L.D.Cs. from being promoted to the post of J.A.Os. and in such circumstances, the respondents were not justified in issuing the impugned proceedings dated 14.11.2008, granting exemption from possessing Graduation qualification. He further contends that the learned single Judge erred in granting the interim order as it would pave way to unqualified persons to be appointed as Junior Accounts Officers depriving the qualified candidates of their right for promotion. He, therefore, prayed that the writ appeal be allowed and the impugned order be set aside. In view of the fact that through the impugned order, the learned single Judge has only granted interim order in the writ petition and he did not pass any final orders touching upon the merits of the contentions or determining the rights of the parties, we are not inclined to entertain the writ appeal. Further, the issue as to whether the respondents were justified in issuing the proceedings dated 14.11.2008 granting exemption to the Bill Collectors/Revenue Cashiers from passing the Graduation qualification and whether the same is legal and valid is yet to be decided in the main writ petition. For the aforesaid reasons, we are not inclined to interfere with the order of the learned single Judge. The writ appeal fails and it is accordingly dismissed. However, the writ petition may be listed for hearing before the learned single judge on 25.6.2009. ___________________ T. MEENA KUMARI,J DATE: 21st April, 2009 ________________________ VILAS V. AFZULPURKAR,J pnb