GOVERNMENT OF ANDHRA PRADESH Vs. MOHAMMADI FATIMA

JUDGEMENT

(1.) This writ petition is filed by the State questioning the final orders of the Andhra Pradesh Administrative Tribunal allowing OA No.5944 of 2007 by order, dated 30.10.2008.

(2.) Respondent herein was working as Professor, Government Nizamia Tibbi College, Charminar and her grievance in the O.A was that while she was working as Senior Medical Officer she was eligible to be considered and promoted as Chief Medical Officer for the panel year 1998-99 itself. However, she could not be empanelled for various reasons and only for the panel year 2001-02 the respondent claims that she could have been empanelled and promoted if the petitioners had taken into consideration the existing anticipated vacancies in conformity with Rule 6 of the Andhra Pradesh State and Subordinate Service Rules, 1996 (for short, 'the Rules'). It is an admitted fact that in the said panel year 2001-02 only four vacancies were taken into consideration excluding the anticipated vacancies and four seniors of the respondent were promoted. However, out of the said four promotees - Dr. Najam Fathima retired on 31.12.2001, Dr. Syed Afzalunnisa retired on 31.5.2002 and Dr. Farooq Ahmed and Dr. Md. Jaghngi both retired on 31.8.2002. The respondent therefore contended that all the said four promotees, who were empanelled in the year 2001-02, retired immediately after being promoted in the currency of the panel year and if the petitioners had taken into consideration the anticipated vacancies arising out of their retirement, the respondent being next in seniority, she could have got the benefit of promotion as Chief Medical Officer during the panel year 2001-02 itself. It was also contended before the Tribunal that no panels were drawn for the subsequent years i.e., 2002-03, 2003-04 and 2004-05 on account of the Government considering the modification and amendment of the Rules. Subsequently, in the panel year 2005-06 the respondent was considered and she was actually promoted on 31.1.2007. She therefore approached the Tribunal for the relief seeking that she may be declared to have been entitled to be nationally promoted as Professor/Chief Medical Officer from the panel year 2001-02 itself with all consequential benefits.

(3.) This Court, while admitting the writ petition on 27.7.2009 issued notice and on 10.9.2009 had granted interim suspension. Now the learned Counsel for the respondent has moved an application seeking vacation of the said interim order.