IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 20617 of 2004 Between: Dr. S. Narasimha Reddy, S/o. Late S. Pulla Reddy, R/o. 20-3-53 F, Rajulu Street, Siva Jyothi Nagar, Tirupati. ..... PETITIONER AND 1 The State of A.P., rep. by Principal Secretary, Revenue ( Endowments-III), Department, Secretariat Hyd. 2 The Tirumala Tirupati Devasthanams, Tirupati, rep. by its Executive Officer, T.T.D., Tirupathi. .....RESPONDENT(S) 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 a writ, Order or direction in the nature of Mandamus declaring G.O.Ms.No.226, revenue (Endowments-iii) department dt. 28.2.2004, in so far as it omits the exemption of post graduate qualification in respect of civil surgeons over 50 years of age working in the Tirumala Tirupati Devasthanams, while providing the said benefit to civil surgeons over 50 years of age in government service under the proviso in g.o.ms.no.43, medical and health department dt. 16-1-1982, as illegal, arbitrary and discriminatory and consequently direct the respondents to consider and promote the petitioner as the chief medical officer of the Tirumala Tirupati Devasthanams on regular basis and pass. Counsel for the Petitioner:MR.P.V.SANJAY KUMAR Counsel for the Respondent Nos.1 & 2: MR.M.ADINARAYANA RAJU The Court made the following : ORDER This writ petition is field seeking a Mandamus to declare G.O.Ms.No.226, Revenue (Endowments-III) Department dated 28.2.2004, insofar as it omits the exemption of Post Graduate qualification in respect of Civil Surgeons over 50 years of age working in the Tirumala Tirupati Devasthanams, while providing the said benefit to Civil Surgeons over 50 years of age in Government Service under the proviso in G.O.Ms.No.43, Medical and Health Department dated 16.1.1982, as arbitrary and illegal and consequently to direct the respondents to consider to promote the petitioner as the Chief Medical Officer of the Tirumala Tirupati Devasthanams on regular basis. It appears that the petitioner was promoted as Chief Medical Officer in Tirumala Tirupati Devashthanams. He apprehended as to his reversion from the said post on the ground that the G.O.Ms.No.226 does not contemplate exemption of post graduate qualification in respect of a Civil Surgeon, who reaches the age of 50 years as is available in the Government service which was in fact admitted by the TTD. While admitting the writ petition on 9.11.2004, interim direction was granted directing the respondents to continue the petitioner in the same capacity in which he is presently working for a period of one month. The said order was further extended until further orders on 9.12.2004. Now, a vacate stay petition is filed. There is no necessity to go into all the details. It is suffice to notice that the petitioner who was continued as Chief Medical Officer on attaining the age of superannuation retired from service in the month of April, 2006 and he was paid pension in the capacity of Chief Medical Officer. Under those circumstances, I deem it appropriate to close the writ petition making the interim order as a final order. Further, the respondents are directed not to disturb the pension and other emoluments paid to the petitioner, who is retired in the capacity of Chief Medical Officer. The writ petition is, accordingly, disposed of. No costs. ___________ 31-03-2008 rkk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The State of A.P., rep. by Principal Secretary, Revenue ( Endowments-III), Department, Secretariat Hyd. 2 The Tirumala Tirupati Devasthanams, Tirupati, rep. by its Executive Officer, T.T.D., Tirupathi. 3. 2CD copies