THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD W.P.No.10162 of 2010 ORDER: (Per Sri Justice Ghulam Mohammed) This writ petition is filed seeking a writ of certiorari assailing the order dated 21.04.2010 passed in O.A.No.10369 of 2009 by the Andhra Pradesh Administrative Tribunal, Hyderabad (for short ‘the Tribunal’). 2. The brief facts of the case are that the 4th respondent while working as Deputy Civil Surgeon, Community Health Centre, Bheemunipatnam, Visakhapatnam District, was transferred and posted as Civil Surgeon Hospital Administrator, King George Hospital, Visakhapatnam, in the existing vacancy vide G.O.Rt.No.995, dated 29.07.2008, by relaxing five years experience of service. Challenging the said G.O., the petitioner herein filed O.A.No.7057 of 2009 before the Tribunal and the same is pending. While so, based on the representation, dated 16.06.2009, made by the petitioner, the first respondent issued G.O.Rt.No.1183 dated 08.09.2009 transferring the petitioner as Civil Assistant Surgeon, RMO, King George Hospital, Visakhapatnam on his own scale of pay, by relaxing nine years of experience of service, in the place of the 4th respondent, who in turn challenged the same by filing O.A.No.10369 of 2009 before the Tribunal, which in turn allowed the same holding that the 4th respondent is possessing higher technical or academic pqualification than the petitioner, except experience of service as RMO. Aggrieved by the same, the petitioner filed the present writ petition. 3. Heard the learned counsel for the petitioner, learned Government Pleader for Services-I and the learned counsel for respondent No.4. 4. Learned counsel for the petitioner vehemently contended that the Tribunal ought to have seen that the petitioner has six years experience of service as RMO Civil in Teaching Hospital, and therefore, he was transferred and posted as Civil Surgeon Hospital Administrator vide G.O.Rt.No.1183, dated 08.09.2009, whereas the 4th respondent has no such experience. He further contended that as per Special Rules, the post of Hospital Administrator can only be filled up by promotion and as per the qualification prescribed for the same. Learned counsel has relied upon the judgment of the apex Court in RAMAKANT SHRIPAD SINAI ADVALPALKAR v. UNION OF INDIA[1], wherein it was held as under; “The third contention is that appellant’s ‘in charge’ arrangements in the higher post had continued for so long a period that a determination of equivalence on the basis of his lower substantive post would become arbitrary. This contention ignores the fact that an ‘in charge’ arrangement is not a recognition of or is necessarily based on seniority and that therefore, no rights, equities or expectations could be built upon it. The third contention is also unmeritorious.” 5. Learned Government Pleader for Services-I contended that as per G.O.Ms.No.261 dated 28.06.2002, Category-(3)(c), in case suitable candidate is not available with P.G.Degree i.e., Master of Hospital Administration from a University or an Institution recognized by the University Grants Commission with an experience of not less than five years after obtaining Master of Hospital Administration as Resident Medical Officers in a Teaching Hospital in the Medical and Health Department, the candidate with Diploma in Hospital Administration qualification from a University or an Institution recognized by the University Grants Commission with an experience of not less than nine years after obtaining the Diploma in Hospital Administration, is available, his name is to be considered for the post of Civil Surgeon, Hospital Administrators. 6. On the other hand, the learned counsel for the 4th respondent contended that as the 4th respondent is a senior most in the category of Deputy Civil Surgeon and qualified, he is posted as Civil Surgeon Hospital Administrator by relaxing 5 years experience of service from the date of passing Master Degree in Hospital Administration and that no person having 5 years experience in the department is available at that time, but nonetheless, the Diploma in Hospital Administration obtained by the petitioner is not recognized by the UGC or the Government and therefore, he not eligible for the post of Civil Surgeon Hospital Administrator. 7. After hearing the arguments at length on either side and at the time of dictating the order, learned counsel for the petitioner placed before this Court a copy of proceedings Rc.No.26533/E1C/2009 dated 30.04.2010, as per which, the petitioner, who is presently working as Civil Assistant Surgeon, RMO, King George Hospital, Visakhapatnam, is promoted and posted as Deputy District Medical and Health Officer, Parvathipuram, Vizianagaram District. 8 . From the above, it is clear that the grievance of the petitioner stands redressed. However, if the petitioner is so aggrieved of the said promotion, it is open to him to make a representation to the first respondent, if so advised. 9. For the aforesaid reasons, the Writ Petition is dismissed. No order as to costs. _____________________ GHULAM MOHAMMED, J ____________________ G.BHAVANI PRASAD, J Date:30.04.2010. sj [1] AIR 1991 SC 1145