M.A. Kareem v. State Of Ts

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.14319 and 14326 OF 2018 COMMON ORDER :

These petitions are filed for a writ of Mandamus declaring the action of the respondents in not considering the case of the petitioners for conversion from the post of Medical Officers to Lecturers in the clear existing vacancies having requisite qualification as per the Unani Medical Service Rules by relaxing Rule 3 of Unani Service Rules, as illegal and arbitrary and consequently direct the respondents to take action converting the petitioners as Lecturers from the date on which their services are utilized in the existing vacancies, with all consequential benefits.

The case of the petitioners is that they were appointed as Medical Officers and thereafter the Government issued orders utilizing their services as Lecturers in the vacant posts at Government Nizamia Tibbi College, Charminar, Hyderabad; and that petitioners are working since then as Lecturers. While so, the Government issued G.O.Ms.No.16, dated 22.01.2009 relaxing Rule 3 of the Special Rules of A.P.Unani Medical Service Rules for the method of appointment to the post of Lecturer by allowing conversion from the existing Medical Officers falling under Category IV (B) of Annexure II of the said G.O., who are having requisite qualification as Lecturers under Class B against category IV (A) instead of by direct recruitment, as one time arrangement in the interest of administration. Vide Memo No.3273/A/D1/2013, dated 23.04.

2013, the Government of A.P.

Deputy Director to obtain and furnish the applications from the interested and eligible Medical Officers with a copy of PG certificate for taking further action. In pursuance of the same, the petitioners submitted several representations to the 1st respondent and in turn the 1st respondent referred the same to the 2nd respondent vide letter dated 03.03.2018. But, till date no action has been taken by the respondents. Aggrieved by the same these writ petitions are filed.

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Services.

Since the grievance of the petitioners is stated to be pending before the respondents by way of representations, the competent authority is directed to consider the representations of the petitioners for conversion as Lecturers and dispose of the same, in accordance with law, within a period of two months from the date of receipt of a copy of this order.

Accordingly, the writ petition is disposed of. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

_______________________________ A.RAJASHEKER REDDY, J 23.04.2018 t k