M TATA BAI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS Writ Petition, under Article 226 of the Constitution of India, is filed to issue a writ of certiorari calling for the records relating to order, dated 02.09.2013, in O.A. No.3276 of 2012 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, 'the Tribunal ') and set aside the same.

(2.) THE petitioner filed O.A No.10203/2011 against the respondents 1 to 3 and the District Medical & Health Officer, Chittoor, before the Tribunal for a direction to the respondents to consider her case for promotion to the post of Health Educator as per her seniority, and in terms of G.O.Ms.No.2, Social Welfare (SW.ROR.I) Department, dated 09.01.2004. While admitting the O.A., the Tribunal passed interim orders, dated 29.12.2011, in O.A. No.10203 of 2011, directing the respondents to consider the case of the petitioner. Pursuant to the said interim orders, the 1st respondent issued proceedings in Rc.No.2214/B2/2011, dated 02.04.2012, promoting the petitioner to the post of Health Educator. Challenging the said proceedings, respondents 4 and 5 filed O.A No.3276 of 2012 against the official respondents, by impleading the petitioner (applicant in O.A. No.10203 of 2011), and also VMA No.1237 of 2012 in O.A. No.10203 of 2011 for vacating the interim order granted on 29.12.2011. The official respondents filed counters in both the O.As., admitting that the petitioner, who belongs to O.C. community and is junior to the respondents 4 and 5, was promoted to the post of Health Educator, that the promotion was given basing on the interim orders issued by the Tribunal in O.A. No.10203 of 2011. They have also admitted that the respondents 4 and 5 are seniors to the petitioner. The Tribunal, through its order, dated 02.09.2013, dismissed O.A. No.10203 of 2011 and vacated the interim order, passed by it on 29.12.2011. Further, the Tribunal partly allowed O.A. No.3276 of 2012 setting aside the proceedings, dated 02.01.2012, issued by the 1st respondent, and directed the respondents to consider the cases of respondents 4 and 5 for promotion to the post of Health Educators as per their seniority, eligibility and Rules. Challenging the order in O.A. No.3276 of 2012, the present writ petition is filed by the petitioner.

(3.) LEARNED counsel for the petitioner contended that the petitioner is entitled for promotion as Health Educator as per the final seniority list of Multi Purpose Health Assistants (Male and Female) in R.C. No.966/B2/2009, dated 09.05.2011, issued by the 3rd respondent in terms of G.O.Ms.No.2, Social Welfare (SW.ROR.I) Department, dated 09.01.2004. He placed reliance on the final seniority list for promotion to the post of Health Educators, in proceedings Rc.No.966/B2/2009, dated 09.05.2011, issued by the 3rd respondent in which the petitioner 's name was shown in serial No.10, as eligible candidate to be promoted as a Heath Educator. He further contended that one Smt. Rajeswari was given promotion as Health Educator, who was shown as senior to the petitioner in the seniority list, dated 09.05.2011, therefore, the petitioner alone is eligible for promotion as per that seniority list.