Telangana High Court

WP/33316/2010 of K. Lokeswar Vs The Government of Andhra Pradesh, on 31 December 2010

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SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 33316 of 2010 O R D E R: The writ petitioner is a driver working in the unit of the District Medical and Health Officer, Anantapur District. He sought to question the action of the respondents in not upgrading him as a senior driver

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THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO

WRIT PETITION No. 33316 of 2010

O R D E R:

The writ petitioner is a driver working in the unit of the DistrictMedical and Health Officer, Anantapur District. He sought to questionthe action of the respondents in not upgrading him as a senior driverfrom light motor vehicles drivers’ cadre. This is a service disputeconcerning a government servant. In view of the ratio laid down in L.Chandrakumar vs. Union of India[[1]],the government servants arerequired to invoke the jurisdiction of the Andhra PradeshAdministrative Tribunal created under the Administrative Tribunals Act,1985 for the first time and in case, the grievance still subsiststhereafter, they can approach this Court, but at the very first instance,they cannot file a writ petition concerning a service dispute.

Therefore, this Writ Petition is dismissed only on the ground thatthe writ petitioner had to approach the Andhra Pradesh AdministrativeTribunal at the first instance.

Let the registry return all the original papers filed by thepetitioner, so as to enable him to present the same before the A.P.Administrative Tribunal.

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(NOOTY RAMAMOHANA RAO, J)

31[st] December 2010

[1]AIR 1997 Supreme Court 1125

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