WP/24180/2004 of Ch.B.N.H.Sundraramma, Vs The Principal Secretary to the Government, on 30 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE G. BIKSHAPATHY

and THE HON'BLE MR JUSTICE P.S.NARAYANA

WRIT PETITION NO : 24180 of 2004

Between:

1 Ch.B.N.H.Sundaramma, D/o. Seshagiri Rao, aged about 51 years, Senior Assistant, O/o Director of Health Services, A.P.Hyderabad.

2 G.Venkata Ramana S/o.G.K.V.Prasad,

aged about 39 years, Senior Assistant, O/o Director of Health Services, A.P.Hyderabad.

3 P.Prasanna Kumari D/o.P.P.Sameul,

aged about 55 years, Senior Assistant, O/o Director of Health Services, A.P.Hyderabad.

4 K.Buchanna S/o.Yellaiah

aged about 47 years, Senior Assistant,

O/o Director of Health Services, A.P.Hyderabad.

5 G.Kanya Kumari D/o.Suryanarayana

aged about 52 years, Senior Assistant, O/o Director of Health Services, A.P.Hyderabad.

6 B.Venkata Ramana S/o.B.V.R.Sastry

aged about 50 years, Senior Assistant, O/o Director of Health Services, A.P.Hyderabad.

AND

1 The Principal Secretary to the Government, Health, Medical and Family Welfare Dept.,Secretariat, Hyderabad.

2 The Director of Health Services A.P. Koti, Hyderabad.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to issue a writ, order or direction more particularly onein the nature of Writ of Mandamus, declaring the action of therespondents in not considering the case of the petitioners for givingexemption for possessing Graduate qualification/G.E.T. (DS)examination as was done in similarly situated persons and set asidethe A.P.Administrative Tribunal orders in O.A.No.6592/2004dt.8.12.2004 as illegal, arbitrary, discriminatory, contrary to the rulesand violation of Constitutional provisions and consequent sought adirection to the respondents to consider the cases of the petitionersfor giving exemption for possessing Graduate qualification/G.E.(DS)examination as was done in similarly situated persons by disposingthe latest representation of the petitioners dt.14.2.2004 keeping inview the orders passed in G.O.Rt.No.1760 HM&FW dt.19.11.1998,G.IO.Rt.No.1262 HM&FW Dt.14.10.2000 and Govt. MemoNo.11800/SU.I/2001-3 GAD Dt.5.6.2003.

Counsel for petitioners : Mr.C.Sai Reddy Counsel for respondents : Government Pleader for Services-I

ORDER: (per Hon’ble Mr.Justice G.Bikshapathy)

The Writ Petition is filed assailing the order passed by the Tribunal inO.A.No.6592/2004 dated 8-12-2004.

The petitioners are working as Senior Assistants in the Office of theDirector of Health Services, Andhra Pradesh, Hyderabad. They filedthe O.A. aggrieved by the non-consideration of their application bythe 1[st] respondent seeking relaxation of the Rules issued inG.O.Ms.No.265, Health, Medical and Family Welfare Department,dated 26-5-1994 which require that a candidate for the post of LaySecretary & Treasurer Gr.II/Administrative Officer/Superintendent,should possess Degree qualification. It is also stated that the 1[st]respondent relaxed the Rules in respect of other individuals belonging to the Indian Medicine & Homoeopathy Department in theyears 1998, 2000 and 2003. Aggrieved by the said non-relaxation ofthe Rules by the 1[st]respondent, the petitioners filedO.A.No.6592/2004 and the Tribunal by the order dated 8-12-2004while dismissing the said O.A. observed as follows :

“The relaxation being sought for by the Applicants can only begiven in terms of Rule 31 of A.P. State and SubordinateService Rules by the Government of Andhra Pradesh. Thecases cited by the Applicants as precedents inG.O.Rt.No.1760, Health, Medical & Family WelfareDepartment, dated 19-11-1998 as well as G.O.Rt.No.1262,Health, Medica, & Family Welfare Department, dated 14-10-2000 and Memo No.11800/SU.I/2001-3, GeneralAdministration (SUI.I) Department, dated 5-6-2003 appear tohave been issued without reference to the extraordinarypowers of the Government under Rule 31 of A.P. State &Subordinate Service Rules. None of these orders indicate thatappropriate procedure has been followed by the Governmentwhile issuing the said Orders. I do not consider these asappropriate precedents. Further the powers vested in theGovernor under Rule 31 of A.P. State and Subordinate ServiceRules are extraordinary powers which can only be used at thediscretion of the said authority. It is not for this Tribunal or forthat matter any Court to direct the authority to exercise thepower in a particular manner. Since the grievance of theApplicant cannot be redressed by way of any direction fromthis Tribunal, it would not also be appropriate to pass anyorders in this O.A. except to state that since the Applicantshave filed a representation, the authorities will consider thesame strictly in accordance with Rules and make necessarydecision thereon. The O.A. is accordingly dismissed with theabove observations at the admission stage.”

The learned Counsel for the petitioners submits that the petitioners sought suitable direction to the 1[st] respondent to consider their casesfor exemption from possessing the Graduation qualification/G.E.T.

(DS) for further promotion to the post of Superintendents as wasgiven in G.O.Rt.No.1760, Health, Medical & Family WelfareDepartment, dated 19-11-1998 and G.O.Rt.No.1180-0/SUI/2001-3,GAD, dated 5-6-2003, but the Tribunal did not give any suchdirection. Hence, the Writ Petition.

We are afraid, we cannot accede to the contention of the learnedCounsel for the petitioners. Inasmuch as the Tribunal directed theauthorities to consider the representation of the petitioners inaccordance with the Rules, the same cannot be said to be sufferingfrom any infirmity. The Writ Petition is devoid of any merit and thesame is accordingly dismissed. No order as to costs.

____________________

Justice G.Bikshapathy

____________________

Justice P.S.NarayanaDate : 30-12-2004

AM

ASSISTANT REGISTRAR

To

1 The Principal Secretary to the Government, Health, Medical and Family Welfare Dept.,Secretariat, Hyderabad.

2 The Director of Health Services A.P. Koti, Hyderabad.

3. 2 C.Cs. to the Government Pleader for Services-I, High Court of A.P., Hyderabad (OUT)

4. 2 C.D. copies