Telangana High Court
WP/21162/2004 of K.Sreerama Murthy, Vs The Government of Andhra Pradesh, on 29 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE G. BIKSHAPATHY & THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 21162 of 2004 Between: K.Sreerama
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE G. BIKSHAPATHY
& THE HON'BLE MR JUSTICE P.S.NARAYANA
WRIT PETITION NO : 21162 of 2004
Between:
K.Sreerama Murthy, S/o Venkateswarlu,R/o Kakarlavari Street, Akiveedu, West Godavari District
AND
..... PETITIONER
1 The Government of Andhra Pradesh, represented by its Secretary, Education Department, Secretariat, Hyderabad Education Department, Secretariat, Hyderabad 2 The Chief Executive Officer, Zilla Parishad, Eluru, West Godavari District 3 The Mandal Development Officer, Akiveedu Mandal, West Godavari District 4 The Mandal Development Officer, Palekoduru Mandal, West Godavari District
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a Writ, Order or Direction more particularly in the nature of Writ of Certiorari bycalling for the records pertaining to the Order dated 05-11-2003 inO.A.No.1678/2001 on the file of Andhra Pradesh Administrative Tribunal,Hyderabad and set aside the same and consequently declare that the terminationorder is wholly illegal, arbitrary and further declare that the petitioner is entitled to allconsequential benefits, including pensionary benefits.
Counsel for the Petitioner:MR.RAVI KONDAVEETI
Counsel for the Respondents 1,3 & 4: GP FOR EDUCATIONCounsel for respondent No.2: Mr.D.Srinivas, S.C. for Zilla Parishad The Court made the following :
O R D E R:(PER G.B.J)
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1) This writ petition is filed by the petitioner assailing the order, dated 05.11.2004 inO.A.No.1678 of 2001, on the file of the Andhra Pradesh Administrative Tribunal,Hyderabad, seeking to set aside the same and consequently declare that thetermination order issued by the Panchayat Samithi President, Akiveedu, dated03.10.1975 as illegal and arbitrary.
2 ) The case of the petitioner is that against the order of termination, dated 03.10.1975, he approached the Tribunal by preferring O.A.No.1678 of 2001. TheTribunal dismissed the said O.A., holding that the case of the petitioner for settingaside the termination order is absolutely barred by limitation and is estopped fromquestioning the termination orders after a lapse of nearly 17 years. Holding so, theTribunal dismissed the O.A. Aggrieved by the same, this writ petition is filed.
3 ) On going through the record it is seen that after a long gap of 16 years, thepetitioner made several representations to the concerned authorities, seeking to setaside the termination orders, dated 30.09.1975. Hence, we are of the view that theTribunal rightly dismissed O.A.No.1678 of 2001 and we do not find any flaw in theorder passed by the Tribunal.
4) The writ petition is accordingly dismissed. No costs.
____________________
G.BIKSHAPATHY.J.,
DT.29.12.2004
tjs
_________________
P.S.NARAYANA.J.,
To
1 Secretary, Government of Andhra Pradesh, Education Department, Secretariat,HyderabadHyderabad 2 The Chief Executive Officer, Zilla Parishad, Eluru, West Godavari District 3 The Mandal Development Officer, Akiveedu Mandal, West Godavari District 4 The Mandal Development Officer, Palekoduru Mandal, West Godavari District
5. 2CCs to the G.P. for Education, High Court of A.P., Hyderabad (OUT)
6.2CD copies
7. The Registrar, A.P. Administrative Tribunal, Hyderabad