S. B. SINHA, CJ, J. ( 1 ) THIS petition is directed against a judgment and order dated 15-12-1999 passed by the A. P. Administrative Tribunal in OA No. 2736 of 1999 whereby and whereunder the application filed by the petitioner herein was dismissed. The petitioner was appointed as Warden grade n on 26-6-1985. He passed the Accounts Test Part I on 17-6-1990. He was promoted as warden grade I in social Welfare (A3) Department with a condition that he would be reverted as and when a qualified matron grade I to hold the post of warden grade I becomes available. He was sought to be reverted by reason of an order dated 12-5-1999. The contention of the petitioner is that he could not have been directed to be reverted after a period of six years. In any event, it has been pointed out that certain other posts have fallen vacant and as such he could be accommodated in one of those posts. Our attention has further been drawn to the policy decision taken to the effect that 10% of the existing posts of warden grade n should be upgraded as warden grade I. The said policy decision contained in G. O. Rt. No. 559 Social Welfare (A3) Department, dated 23-6-1992 reads thus: 4. The Commissioner of Social Welfare has reported that the posts of Grade I Wardens/ matrons are not equally sanctioned to all the districts. The Commissioner of Social welfare, the Commissioner of Backward classes Welfare and the Director of tribal Welfare have also proposed for upgradation of 1 post of Grade II warden/ matron to that of grade I post for every 10 posts of grade II wardens/matrons to meet the needs of the districts where there are either very less number or no posts of grade I at all. The Commissioner of Social welfare has accordingly proposed to for upgradation of 195 posts of grade II warden/ matron to that of grade I warden/matron as detailed below. 5. In the circumstances stated by the commissioner of Social Welfare, Hyderabad in his letter 3rd read above, and in pursuance of the Andhra Pradesh Administrative tribunal order dated 10-4-1989 in RP no. 5. In the circumstances stated by the commissioner of Social Welfare, Hyderabad in his letter 3rd read above, and in pursuance of the Andhra Pradesh Administrative tribunal order dated 10-4-1989 in RP no. 2074/89 and Andhra Pradesh High Court order dated 18-2-1991 in WP No. 11905/89, government after careful consideration approve the proposal of the Commissioner of Social Welfare for upgradation of 195 posts of grade II wardens/matrons which are in the pay scale of Rs. 1050-1945 to that of grade I wardens/matrons in the pay scale of Rs. 1230-2330 as shown in the Annexure to this order. " ( 2 ) OUR attention has also been drawn to the provisional seniority list and it was contended that although the position of the petitioner is at Sl. No. 25, others cannot be promoted having regard to the fact that either they do not hold any qualification prescribed therefor or other charges are pending against them. ( 3 ) THE order of promotion dated 10-5-1993 passed in favour of the petitioner is as follows:"under Rule 37 (a), (i) of A. P. Subordinate services Rules and in pursuance of the government instructions envisaged in the references, 1st to 7th read above and also in accordance with the executive instructions contained in the reference 8th and 10th cited, sri P. Dasarath, warden grade n, Government bc Boys Hostel, Chinnagolconda is hereby promoted as grade I warden purely on temporary basis and will be continued at BC welfare Hostel Chinnagolconda as grade I warden. He is allowed to draw the time scale of rs. 1230-50-1730-60-233, w. e. f. 10-5-1993. He is informed that the promotion is purely temporary and will be reverted back to his original post of grade II warden as and when the grade II matron is qualified in the district and becomes eligible for promotion of grade i post. He does not confer any right over his seniors. " ( 4 ) A bare perusal of the said order clearly demonstrates that the promotion was purely temporary in nature and he was to be reverted back to the original post of grade II warden as and when grade n matron is qualified in the district. It may be true that the policy decision has been taken to upgrade 10% of the warden grade II posts in BC hostels. It may be true that the policy decision has been taken to upgrade 10% of the warden grade II posts in BC hostels. But, it appears, such posts are being held by even those who already are qualified as warden grade I. ( 5 ) RULE 37 of the A. P. State and subordinate Services Rules, 1962 reads thus:"temporary promotion : (a) (i) Where it is necessary in the public interest to fill emergently a vacancy in a post borne on a cadre of a higher category in a service or class by promotion from a lower category and if the filling of such vacancy in accordance with the rules is likely to result in undue delay the appointing authority may promote a person temporarily otherwise than in accordance with the said rules. (ii) No person who does not possess the qualifications, if any, prescribed for the said service, class or category, shall ordinarily be promoted under clause (i ). Every person who does not possess such qualifications and who has been or is promoted under clause (i) shall be replaced as soon as possible by promoting a person possessing such qualifications. (b) Where it is necessary to fill a short vacancy in a post borne on the cadre of a higher category in a service or class by promotion from a lower category and the appointment of the person who is entitled to such promotion under the rules would involve excessive expenditure on travelling allowance or exceptional administrative inconvenience the appointing authority may promote any other person who possess the qualifications, if any, prescribed for higher category. (d) A person promoted under sub-rule (a) or (b) shall not be regarded as a probationer in the higher category or be entitled by reason only of such promotion to any preferential claim to future promotion to such higher category. " ( 6 ) IN terms of the aforementioned provisions, therefore, when an order of promotion has been passed on condition, the incumbent thereof cannot claim any right. It appears that in Ranga Reddy District there are only four posts in BC hostels. It is not in dispute that the several persons now have acquired qualifications. ( 7 ) FROM the seniority list it appears that the petitioner is at Sl. No. 25. It appears that in Ranga Reddy District there are only four posts in BC hostels. It is not in dispute that the several persons now have acquired qualifications. ( 7 ) FROM the seniority list it appears that the petitioner is at Sl. No. 25. If several other persons have acquired qualification for holding the post of warden grade I, this Court in exercise of jurisdiction under article 226 of the Constitution of India cannot direct filling up of the said posts far less ignoring those candidates who are qualified therefor only because certain charges are pending against them. It is for the appropriate authority to consider the matter and pass an appropriate order as to whether the charges are such which would disentitle them for their cases being considered for promotion or whether any seal cover procedure should be adopted. Having regard to the fact that the petitioner does not have any legal right to be appointed in one of the aforementioned posts, we do not find any merit in this application which is accordingly dismissed. No costs.