IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 26914 of 2009 BETWEEN: P. Ramakrishna and 8 others. ... PETITIONERS AND The Government of Andhra Pradesh, Rep. by its Principal Secretary, Medical, Health & Family Welfare Department, Secretariat, Hyderabad and two others. ...RESPONDENTS Counsel for the Petitioners: MR.K. SATYANARAYANA MURTHY MR. K. SRINIVAS PRASAD Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMILY WELFARE The Court made the following: ORDER: (per Hon’ble Sri Justice Vilas V. Afzulpurkar) The petitioners are the applicants in O.A.No.11983 of 2009 before the Andhra Pradesh Administrative Tribunal. 2. The petitioners were originally said to have been recruited as Record Assistants in the third respondent college. It is claimed that presently their services are being utilized as Lab Attendants for last several years. They also claimed that they were sent for training as Lab Technicians by virtue of orders of the Andhra Pradesh Administrative Tribunal in O.A.No.4876 of 2005 and they have successfully completed the said training. While the petitioners are hoping to get promotion to the post of Lab Technician on regular basis, they were aggrieved by the advertisement issued by the third respondent in RP.No.828/E3/09 dated 15.10.2009 wherein 14 posts of Lab Technician Grade II in the third respondent college are sought to be filled up on contract basis for one year. The petitioners claim that when they are eligible to be absorbed for the post of Lab Technician Grade II it is wholly irrational on the part of the respondents to fill up the said posts on contract basis by inviting fresh recruits. With the aforesaid grievance they approached the tribunal by O.A.No.11983 of 2009 for a declaration that the issuance of impugned notification dated 15.10.2009 for recruitment on contract basis for the post of Lab Technician Grade II without considering the claim of the petitioners as illegal and arbitrary. They also sought direction against the respondents to consider and promote the petitioners to the post of Lab Technician Grade II by taking into consideration their experience as well as the training already undergone as Lab Technicians. While admitting the said OA, the tribunal issued notice to the respondents returnable in four weeks by order dated 18.11.2009. Since the tribunal did not grant interim relief as sought for, the petitioners have approached this Court. 3. We have heard the learned counsel for the petitioner, who has made submissions to impress upon the Court that the petitioners are satisfactorily discharging the functions of Lab Technicians. They also have the requisite training and as such it is illogical to recruit fresh people, that too on contract basis, when the petitioners, who are qualified are available. The learned counsel even offered that the petitioners be continued on their own pay without resorting to recruitment on contract basis. 4. Refusal of ex parte interim relief by the tribunal on the facts and circumstances of the case, in our view, is justified and the present cased does not warrant exercise of our extraordinary jurisdiction. The OA filed by the petitioners is already pending consideration. Four weeks notice ordered by the tribunal is almost coming to an end and the tribunal may consider the matter on the next date of hearing, and the petitioners are at liberty to raise their contentions and seek appropriate directions on the facts and circumstances of the case before the tribunal, We are of the view that exercise of our jurisdiction, in the circumstances, is not warranted. Accordingly, the writ petition is liable to be dismissed and is accordingly dismissed. ______________ V. ESWARAIAH, J _____________________ VILAS V. AFZULPURKAR, J December 10, 2009 DSK