HON’BLE SRI JUSTICE V. ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZUL PURKAR W.P.No. 22024 OF 2009 O R D E R: (Hon’ble Sri Justice V. Eswaraiah) The petitioners herein are the applicants before the Andhra Pradesh Administrative Tribunal at Hyderabad in O.A.No.10737 of 2009. The petitioners were all originally appointed as Multi-purpose Health Assistants during the year 1988. The next promotion, to which they are entitled to, is the post of Multi-purpose Health Supervisor. They are also entitled to be promoted as Health Educators if the qualified multi-purpose Health Supervisors are not available. They have filed the above-said O.A. to declare the action of the respondents in taking steps to effect promotions to the post of Health Educators without issuing the final eligible and qualified DHE list of Multi-purpose Health Supervisors (Male & Female) and Multi-purpose Health Assistants (Male & Female) in Zone-VI in pursuance of the provisional qualified & eligible candidates list in proceedings Rc.No. 4191/A1/RDH/09, dated 08.09.2009 issued by the 1st respondent as arbitrary and illegal and to issue consequential directions restraining the respondents from effecting promotions without preparing the final eligibility list in pursuance of the provisional qualified & eligible candidates list in Proceedings Rc.No. 4191/A1/RDH/09, dated 08.09.2009. Pending disposal of the said O.A., they have sought for an interim prayer directing the respondents herein to effect promotions to the post of Health Educators only after issuing final eligible and qualified DHE list of Multi-purpose Health Supervisors (Male & Female) and Multi-purpose Health Assistants (Male & Female) in Zone –VI in pursuance of the provisional qualified & eligible candidates list in proceedings dated 08.09.2009 issued by the 1st respondent and to consider the case of the applicants. While admitting the O.A., the Tribunal issued notice to the respondents and while issuing directions observed that the Regional Director of Medical and Health has issued a provisional list of qualified and eligible DHE candidates list of Multi-purpose Health Supervisors (Male & Female) and Multi-purpose Health Assistants (Male & Female) in Zone-VI, dated 08.09.2009 and the Multi-purpose Health Supervisors category is higher category and the promotional channel for that post is from Multi-purpose Health Assistant (Male & Female), and therefore, preparing a common eligibility list for Multi-purpose Health Supervisors (Male & Female) and Multi-purpose Health Assistants (Male & Female) for effecting promotions to the post of Health Educators on the face of it is arbitrary and consequently, the eligibility list for the higher category of Multi-purpose Health Supervisors (Male & Female) should be prepared separately. After exhausting the higher category of Multi-purpose Health Supervisors (Male & Female) having been promoted as Health Educators, the cases of Multi-purpose Health Assistants (Male & Female) have to be considered. Aggrieved by the same, the present Writ Petition is filed. As the said interim order was passed by the Tribunal at the instance of the petitioners, we are of the opinion that the writ petition is not maintainable. However, we are of the prima facie opinion that as per Rules issued in G.O.Ms.No. 273, Health, Medical and Family Welfare (H-1), dated 24.04.1989, the method of appointment to the category of Health Educator is by promotion from amongst the Multi- purpose Health Supervisors (Male & Female) and the method of appointment to the category of the Multi-purpose Health Supervisor is by promotion from amongst the Multi-purpose Health Assistants. Admittedly, the petitioners are working as Multi-purpose Health Assistants (Male & Female). For the promotion to the post of the Health Educator, the method of appointment is by promotion and the required qualifications are graduation with diploma in Health Education and the persons must have put in three years of regular service in the category of Multi-purpose Supervisor. If the Multi- purpose Health Supervisors with three years service are not available, the Multi-purpose Health Assistants with five years service are required to be considered for promotion to the post of Health Educator. Learned counsel appearing for the petitioners submits that some of the persons, who are sought to be promoted are recently promoted as Multi-purpose Health Supervisors and so far, have not been declared as completion of their probation and they have not put in the required three years service and they are juniors to the petitioners in the category of the Multi-purpose Health Assistants (Male & Female) and, therefore, they are not entitled to get promotion. We are not inclined to express any opinion with regard to the said contention, as none of those persons, who are said to be juniors to the petitioners, are impleaded as party respondents to this Writ Petition. The impugned proceedings questioned before the Tribunal are only the provisional seniority list, calling for the objections and if that be so, the petitioners could have filed the objections and if the said objections are not considered, it is always open for them to question the action of the respondents. But however, even before the objections are considered from the objectors, the petitioners have approached the Tribunal seeking to consider their cases in the fashion they wanted them to be considered and the said O.A. is still pending. In view of the aforesaid discussion, we are not inclined to admit the Writ Petition. The Writ Petition is accordingly dismissed at the stage of admission itself. No costs. ------------------------- (V. ESWARAIAH, J) ----------------------------------- (VILAS V. AFZUL PURKAR,J) 15th October 2009 Note: Issue CC in a week. ksld