D DASHARATHAM Vs. GOVT OF A P

JUDGEMENT

(1.) The petitioners herein who are working as Community Health Officers filed Original Application No.6719 of 1994 before the A.P. Administrative Tribunal challenging G.O. Ms. No.802, dated 28.12.1981.

(2.) The dispute in this case centres round appointment to the post of Health Inspector which is by way of promotion from the feeder category and by direct recruitment. By reason of G.O. Ms. No.905, dated 7.11.1974 certain posts are added to the feeder category. G.O. Ms. No.802, dated 28.12.1981 further amended the relevant rule giving retrospective effect with respect to certain posts which are added to the feeder category and the note inserted therein reads thus: The provisions of this rule shall apply to the following categories with effect from the dates noted against each.

(3.) The petitioners herein filed the aforementioned original application inter alia questioning the validity of the said G.O. Ms. No.802, dated 28.12.1981. Some of the beneficiaries of the said Government order viz., respondents Nos.4 to 7 were impleaded in a representative capacity. It was included in a batch of 22 original applications. The Tribunal dismissed the original application stating: The applicants in OA No.6719 of 1994 have not impleaded necessary parties and also challenged G.O. Ms. No.802 which is upheld by the Supreme Court, we hold that no relief can be granted as G.O. Ms. No.802 was not suspended by the Supreme Court. Therefore, OA No.6719 of 1994 is liable to be dismissed.