HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE G. BHAVANI PRASAD WRIT PETITION No. 5169 OF 2010 Between: The Transport Commissioner, Government of Andhra Pradesh, Hyderabad and two others ..... PETITIONERS AND 1. Rajanala Vivekananda Swamy, Working as Constable and one another .....RESPONDENTS ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed seeking a Writ of Certiorari by calling for the records relating to orders dated 06.05.2009 passed in O.A.No. 4475 of 2007 on the file of Andhra Pradesh Administrative Tribunal, Hyderabad and quash the same as illegal and arbitrary. Brief facts of the case are that the first respondent-applicant is working as Transport Constable in the office of the second petitioner from 3.7.1990. As the first respondent-applicant is suffering from Poly Articular Arthral-GiA due to Psoriatic Arthritis and also suffering from Ankylosing spondilities of Lumbosactral Spine (chronic Back Pain) he was advised not to attend active work. Therefore, he made several oral requests followed by a written representation dated 26.7.2005 requesting the second petitioner herein, under whom he is working to consider his case for appointment by transfer by relaxing Rule 3(5) of the A.P. Ministerial Service Rules, 1998 (for short “the Rules”), as Junior Assistant on medical grounds. As his request was not considered he filed O.A.No. 4766 of 2005, seeking direction to the petitioners to consider his case for appointment by transfer as Junior Assistant in the office of the second petitioner. The Tribunal disposed of the O.A on 28.2.2007 with a direction to the respondents therein to consider and pass appropriate orders on the representation of the applicant dated 26.7.2005 within a period of four weeks from the date of receipt of a copy of the order. It is stated that on the same day the second petitioner intimated the applicant-first respondent by his proceedings R.No. 4434/A1/2007 that at present there are no vacancies of Junior Assistants in the office and application will be considered if the vacancies arise as per the seniority list of Transport Constables, Rule of Reservation and roaster point. It is also stated that in June 2007 two vacancies of the post of Junior Assistants arose in the office of the second petitioner and the applicant-first respondent addressed a letter dated 20.6.2007 to the second petitioner herein reiterating his request for appointment as Junior Assistant by transfer. Thereupon the first petitioner-Transport Commissioner, Andhra Pradesh, Hyderabad passed order dated 13.7.2007 rejecting the request of the applicant-first respondent for appointment by transfer to the post of the Junior Assistant on the ground that there is no provision as per rules laid down in G.O.Ms.No. 529 dated 4.6.1999. Aggrieved by the same, the applicant-first respondent filed O.A.No. 4475 of 2007 and the Tribunal allowed the O.A directing the Transport Commissioner Government of Andhra Pradesh, Hyderabad shall pass appropriate orders by extending the benefit given to Sri K.R.K. Varma , Transport Constable for appointment as Junior Assistant, to the applicant-first respondent and pass necessary consequential orders for appointment as Junior Assistant in the existing vacancies within a period of eight weeks from the date of receipt of a copy of the order. Aggrieved by the same, the Government preferred the present Writ Petition. The learned Government Pleader for Services-II filed a detailed counter and it is accepted that benefit given to Sri K.R.K. Varma, Transport Constable, A.D.S. Narayana, Watchman and K. Jayapaul Raju, Attender and they were given relaxation for appointment as Junior Assistants. The relevant portion reads as under: “I submit that it is an admitted fact that while the said O.A.No. 4766/2005 was pending before the A.P. Administrative Tribunal, Hyderabad, the following 3 employees I) Sri K.R.K. V. Varma, Transport Constable, (ii) Sri A.D.S. Narayana, Watchman and (iii) Sri K. Jayapaul Raju, Attender were appointed as Junior Assistants in my Officer by relaxing of the rules by the 1st respondent.” Be that as it may, it is no doubt true that the applicant-first respondent is suffering from Poly Articular Arthral GIA due to Psoriatic Arthritis and also suffering from Ankylosing Spondilities of Lumbosatral Spine. It is also no doubt true that the applicant-first respondent made a written representation dated 26.7.2005 requesting the second petitioner to consider his case for appointment by transfer by relaxing Rule 3(5) of the Rules as Junior Assistant on medical grounds but the second petitioner has not taken any action so far. Even though the applicant-first respondent is suffering with ailment no humanitarian approach was adopted but he has been discriminated without assigning any reasons for giving benefit of relaxation of Rule 3(5) of the Rules for appointment as Junior Assistant. Therefore, we see no reasons to interfere with the order passed by the Tribunal and the Tribunal has rightly directed the first petitioner herein to pass appropriate orders by extending the benefit given to others, to the applicant-first respondent herein, within eight weeks. Accordingly, the Writ Petition is dismissed. However, two weeks time is granted to petitioners for complying with the order dated 6.5.2009 passed in O.A.No. 4475 of 2007 on the file of A.P. Administrative Tribunal, Hyderabad, from the date of communication of this order. There shall be no order as to costs. _______________________ GHULAM MOHAMMED,J _________________________ G. BHAVANI PRASAD ,J DATE: 04.06.2010 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.