IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No : 2279 of 2008 and W.P.M.P.Nos.14017 and 14181 of 2009 Between: Mr. Dr. V. Ram Mohan Rao S/o. Late Samba Murthy APSRTC Hospital, Tarnaka, Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Transport Roads & Buildings Department, A.P. Secretariat, Hyderabad Rep. by its Secretary. 2 A.P.S.R.T.C. Musheerabad, Hyderabad, Rep. by its Vice Chairman and Managing Director. 3 The Board of Directors of A.P.S.R.T.C. Musheerabad, Hyderabad, Rep. by its Vice Chairman and Managing Director. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order direction or writ particularly one in the nature of writ of Mandamus or any other appropriate writ declaring the letter No. 6149/Tr.II(2)/2007-4 dt. 29-1-2008 is illegal and arbitrary and consequently set aside the same and pass such other orders. Counsel for the Petitioner : MR.G.VIDYASAGAR Counsel for the Respondent No.1 : MR. P. KESAVA RAO, (SC FOR R & B) Counsel for respondent Nos.2 & 3 :MR.K.MADHAVA REDDY (SC FOR APSRTC) The Court made the following : COMMON ORDER: The petitioner is working as In-charge Superintendent and Chief Medical Officer in the hospital at Tarnaka being run by the Andhra Pradesh State Road Transport Corporation and he filed the writ petition praying to issue an order, direction or writ particularly one in the nature of writ of mandamus or any other appropriate writ declaring the letter No.6149/Tr.II(2)2007-4, dated 29.01.2008 as illegal and arbitrary and consequently set aside the same. 2. Heard the learned counsel for the petitioner and the learned Standing Counsel for A.P.S.R.T.C. 3. A learned Single Judge of this Court passed the following order on 08.02.2008 in W.P.M.P.No.3319 of 2008 in the present writ petition: “When the matter had come up for consideration yesterday i.e. on 7.2.2008, the learned counsel appearing for respondent Corporation Mr. K.Madhav Reddy sought time to verify as to whether there is any resolution passed by the Board altering the service condition as applicable to the petitioner. Today, it came to light that there is no resolution passed by the Board. Therefore, there shall be interim suspension of the proceedings dated 29.1.2008 until further orders.” 4. Pursuant to the interim order dated 08.02.2008 passed by the learned Single Judge of this Court, it appears that the petitioner was promoted to the post of Superintendent and Chief Medical Officer in the hospital of the respondents Corporation. 5. During pendency of the writ petition, two more doctors, who are working with the respondents Corporation, approached this Court and filed two implead petitions in W.P.M.P.Nos.14017 and 14181 of 2009 stating that they are also eligible for promotion to the post of Superintendent and Chief Medical Officer in the hospital of the respondents Corporation. 6. Sri M.S. Ramachandra Rao and Sri P. Keshava Rao, learned counsel for the implead petitioners vociferously argued and stated that the case of the implead petitioners case also shall be considered for promotion to the post of Superintendent and Chief Medical Officer. 7. However, this Court is of the view that the relief sought for by the counsel for the implead petitioners cannot be granted in the writ petition for the sole reason that the grievance of the writ petitioner or the cause in the writ petition is no more in existence. 8. As stated supra, the case of the writ petitioner was considered and he was promoted to the post of Superintendent and Chief Medical Officer in the hospital of the respondents Corporation, in the light of the interim order passed by this Court. If the implead petitioners have any grievance, in my considered view, they may approach this Court and file separate writ petitions for issuance of appropriate writ. 9. In the light of the subsequent development and compliance of the interim order passed by this Court, this Court is of the view that the Writ Petition does not survive, and accordingly, the same is closed. There shall be no order as to costs. 10. In the light of the order passed in W.P.No.2279 of 2008, there is no need for this Court to pass any orders in the implead petitions i.e. W.P.M.P.Nos. 14017 and 14181 of 2009, and accordingly, they are dismissed. However, if the implead petitioners so choose, they may approach this Court and file appropriate writ petitions for the reliefs they want. __________________________ GOPALA KRISHNA TAMADA, J 8th June, 2009. cbs HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No : 2279 of 2008 and W.P.M.P.Nos.14017 and 14181 of 2009 (Closed-NC-Dismissed) 8th June, 2009 CBS The petitioner is working as In-charge Superintendent and Chief Medical Officer in the hospital at Tarnaka being run by the Andhra Pradesh State Road Transport Corporation. According to him, though he is eligible for promotion to the post of Superintendent and Chief Medical Officer, he was not promoted on the premise that Dr.Giraja Kumari filed a writ petition in W.P.No.8660 of 2005 along with W.P.M.P.No.11463 of 2005 before this Court and a learned Single Judge granted interim direction on 02.09.2005 leaving it open to the respondent Corporation to make interim arrangement without filling up the post on permanent basis. Subsequently, he got impleaded himself as respondent No.2 in W.P.No.8660 of 2005. In the meanwhile, the writ petitioner in W.P.No.8660 of 2005 made a representation for amendment of recruitment regulations in respect of post of Superintendent and Chief Medical Officer, on the basis of which proposals have been made before the Board of Directors. At that stage, the learned Single Judge has taken up the said writ petiton for final hearing and disposed of the same by order dated 21.08.2007 directing the respondent Corporation to consider the case of the writ petitioner in W.P.No.8660 of 2005 along with the writ petitioner herein and other eligible candidates for promotion to the post of Superintendent and Chief Medical Officer without insisting upon the Post Graduate Degree or its equivalent qualification by constitution a selection committee within a period of two months. Aggrieved by the said orders, the writ petitioner herein filed W.A.No.921 of 2007 and this Court by order dated 12.11.2007 granted stay of orders passed in W.P.No.8660 of 2005 and the writ appeal is still pending. and filed the present writ petition seeking a Writ of Mandamus to declare the letter No.6149/Tr.II(2)/2007-4, dated 29.01.2008 issued by the Government of Andhra Pradesh, as illegal and arbitrary, and consequently, to set aside the same. 2. Heard the learned counsel for the petitioner and the learned Standing Counsel for A.P.S.R.T.C. 3. A learned Single Judge of this Court passed the following order in W.P.M.P.No.3319 of 2008 in the present writ petition by order dated 08.02.2008: “When the matter had come up for consideration yesterday i.e. on 7.2.2008, the learned counsel appearing for respondent Corporation Mr. K.Madhav Reddy sought time to verify as to whether there is any resolution passed by the Board altering the service condition as applicable to the petitioner. Today, it came to light that there is no resolution passed by the Board. Therefore, there shall be interim suspension of the proceedings dated 29.1.2008 until further orders.” 4. Pursuant to the interim order dated 08.02.2008 passed by the learned Single Judge of this Court, it appears that the petitioner was promoted to the post of Superintendent and Chief Medical Officer in the hospital of the respondents Corporation. 5. During pendency of the writ petition, two more doctors, who are working with the respondents Corporation, approached this Court and filed two implead petitions in W.P.M.P.Nos.14017 and 14181 of 2009 stating that they are also eligible for promotion to the post of Superintendent and Chief Medical Officer in the hospital of the respondents Corporation. 6. Sri M.S. Ramachandra Rao and Sri P. Keshava Rao, learned counsel for the implead petitioners vociferously argued and stated that their case also shall be considered for promotion to the post of Superintendent and Chief Medical Officer. However, this Court is of the view that the relief sought for by the counsel for the implead petitioners cannot be granted in the writ petition for the sole reason that the grievance of the writ petitioner or the cause in the writ petition is no more in existence. 7. As stated supra, the case of Dr. V. Ram Mohan Rao, the writ petitioner herein, was considered and he was promoted as Superintendent and Chief Medical Officer in the hospital of the respondents Corporation, following the interim order passed by this Court. If the implead petitioners have any grievance, in my considered view, they may approach this Court and file separate writ petitions for issuance of appropriate writ. 8. In the light of the subsequent development and compliance of the interim order passed by this Court, this Court is of the view that the Writ Petition does not survive, and accordingly, the same is closed. There shall be no order as to costs. 9. In view of dismissal of the Writ Petition, there is no need for this Court to pass any orders in the implead petitions i.e. W.P.M.P.Nos. 14017 and 14181 of 2009, and accordingly, they are dismissed. However, if the implead petitioners so choose, they may approach this Court and file appropriate writ petitions for the reliefs they want.