THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.16652 OF 2007 DATE: 28.01.2008 Between: P.H. Vedamani D/o P. Devadas aged about 40 years. …Petitioner AND The Commissioner, Family Welfare Department and on deputation Chief Secretary, Medical, Health and Family Welfare Department, Government of A.P., Hyderabad and one another ….Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.16652 OF 2007 ORAL ORDER: (per the HON’BLE SRI JUSTICE D.S.R.VARMA) Heard the learned counsel appearing for the petitioner as well as the learned Government Pleader for Services-I, appearing for the respondents. 2. This writ petition is filed, under Article 226 of the Constitution of India, for issuance of a writ of Mandamus, declaring the action of respondent No.1 in not considering the case of the petitioner for appointment to the post of Auxiliary Nurse Midwife (for brevity “ANM”), pursuant to the Notification No.1/2007, dated 06.02.2007, on the ground that the petitioner is over aged by one month thirteen days, as illegal, arbitrary and consequently direct the respondent No.1 to consider the case of the petitioner for appointment as ANM by relaxing the age limit. 3. The petitioner has filed an application O.A.No.4298 of 2007, before the Andhra Pradesh Administrative Tribunal at Hyderabad (for brevity “the Tribunal”), seeking the same relief as is sought for in the present writ petition, and since the Tribunal has not granted any interim direction, while ordering notice in the O.A., the present writ petition came to be filed. 4. Petitioner is the applicant and the respondents are the respondents, in the O.A., before the Tribunal. 5. The learned counsel appearing for the petitioner submits that the petitioner has been working as ANM on a consolidated pay of Rs.1,500/- per month and, as on the date of notification, she was age barred by a marginal period of one month thirteen days. Challenging the denial of opportunity of absorption, on permanent basis, the O.A., had been filed before the Tribunal. 6. On 03.08.2007, this Court, while ordering notice before admission, in the present writ petition, granted interim direction, in W.P.M.P.No.21215 of 2007, which reads as under: “There shall be an interim direction to the first respondent to keep one post of ANM vacant pending further orders. Notice.” 7. Therefore, whether the petitioner is eligible for appointment on regular basis, despite the fact that she was age barred, as on the date of notification or not, is a larger question, to be decided by the Tribunal. 8. However, since this Court had safeguarded the interest of the petitioner by directing the first respondent to keep one post of ANM vacant pending further orders in W.P.M.P.No.21215 of 2007, no prejudice, as of now, is caused to the petitioner. Therefore, making the above interim order, as the one passed finally, we are inclined to dispose of the present writ petition since nothing further remains for adjudication and the remaining exercise has to be undertaken by the Tribunal, in the O.A., which is pending before it. 9. With the above observations, the writ petition is disposed of, at the stage of admission. There shall be no order as to costs. 10. However, it is made clear that the interim direction, dated 03.08.2007, granted by this Court, in W.P.M.P.No.21215 of 200, shall be in force during the pendency of O.A.No.4298 of 2007, before the Tribunal. ___________________ JUSTICE D.S.R.VARMA __________________ JUSTICE K.C.BHANU 28th JANUARY 2008 KA