IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 18779 of 1999 Between: B.E.V.Ramana S/o.Somaiah R/o.Khammam Khammam District ..... PETITIONER AND 1 The District Medical & Health Officer, Khammam District, Khammam 2 The District Collector Khammam District, Khammam 3 The District Malaria Officer Khammam District, Khammam .....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 to issue an appropriate writ order or direction more particularly one in the nature opf writ of mandamus declaring the action of the respondents in not appointing the peitioner as a Urban Malaria Field Worker or Field Assistant in the respondents department is illegal, arbitrary and direct the respondents to appoint the petitioner as a Field Worker or Field Assistant or any other suitable post and to pass such other order. Counsel for the Petitioner:MR.G.KRISHNA MURTHY Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR W.P. No.18779 of 1999 ORDER: (per GHULAM MOHAMMED, J) This writ petition is filed assailing the order dated 05.11.1998 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.No.68112 of 1990 whereunder the relief sought for by the petitioner to direct the respondents to appoint him as Superior Field Worker or Literarte Field Worker or Urban Malaria Worker or Field Assistant, was rejected. 2. The case of the petitioner is that he had worked as a temporary Superior Field Worker/ Literate Filed worker in the respondent’s department for a period of 10 years up to 1986. He had passed the Intermediate examination and also underwent training in the relevant field and as such he is eligible to be absorbed on permanent basis for the post of Superior Field Worker/Literate Field Worker. 3. While admitting the O.A. on 19.10.1990, the Tribunal granted the following interim order: “It is hereby directed that the case of the applicant for appointment to the post of Superior Field Worker/Literary Field Worker in NME Programme may be considered in any vacancy available in the jurisdiction of DMHO-R1 in Khammam district by R.1 & R3 along with other eligible, as per rules and instructions on the subject.” 4. The respondents filed counter affidavit stating that the petitioner did not possess the required qualification of intermediate (BPC) and training in S.I.T.C.C./MPHW (M) and therefore, his case was not considered for appointment. The Tribunal after taking into consideration the facts and circumstances of the case, dismissed the O.A. and vacated the interim order dated 19.10.1990 and closed the contempt case. Aggrieved by the same, this writ petition has been filed. 5. The learned counsel for the petitioner contended that the petitioner possesses required educational qualifications and he has past service experience to hold the post of Superior Field Worker/ Literate Field Worker. The Tribunal without taking into consideration these aspects, erroneously dismissed the O.A. 6. We have perused the record. In the counter affidavit filed before the Tribunal, it was clearly stated that the petitioner did not possess the required qualification of Intermediate and to rebut the same the petitioner did not file any reply to the counter affidavit. In the affidavit filed in support of writ petition, it is stated that the petitioner has passed Intermediate course (BPC), but he has not produced the same either before the Tribunal or before this court in support of his claim and further he has not undergone the training of S.I.T.C.C./ M.P.H.W.(M). Therefore, we are of the view that the petitioner is not having required qualifications for the post of Superior Field Worker/ Literate Field Worker. Further, the petitioner is now aged 50 years. 7. In the circumstances, we do not find any infirmity in the impugned order passed by the Tribunal so as to call for interference by this court under Article 226 of the Constitution of India and the writ petition is liable to be dismissed. 8. The writ petition is, accordingly, dismissed. No order as to costs. ______________________ GHULAM MOHAMMED,J ​ ____________ SANJAY KUMAR,J 16-2-2009 Stp THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR W.P. No.18779 of 1999 16- 2 -2009