Telangana High Court
WP/36640/2013 of Sri. Balne Sammaiah, Vs The Government of Andhra Pradesh on 31 December 2013
R. SUBHASH REDDY AND HON’BLE SRI JUSTICE A . SHANKAR NARAYANA WRIT PETITION No.36640 OF 2013 ORDER: (Per Hon’ble Sri Justice R. Subhash Reddy) This Writ Petition is filed with the following prayer: “…to issue a Writ of mandamus, declaring the inaction of the
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HON’BLE SRI JUSTICE R. SUBHASH REDDYANDHON’BLE SRI JUSTICE A. SHANKARNARAYANA
WRIT PETITION No.36640 OF 2013
ORDER:(Per Hon’ble Sri Justice R. Subhash Reddy)
This Writ Petition is filed with the following prayer:
“…to issue a Writ of mandamus, declaring theinaction of the Hon’ble A.P. Administrative Tribunal, inrefusing to grant interim relief to the petitioners, who areworking in the respective posts for more than 10 yearsand to protect the interests of the petitioners pendingO.A.No.8591 of 2013 as arbitrary and illegal, by furtherdirecting respondents 1 and 2 to consider therepresentations dated 08.10.2008, 23.10.2008,15.03.2011, 11.06.2013 and 19.06.2013 and to passappropriate orders to finalize the regularization of thepetitioners in the sanctioned posts in accordance with theproposals / true recommendations of respondents 3 to 6,before any outsider is appointed, by continuing them inthe sanctioned posts, pending disposal of the above writpetition and…”
Petitioners herein are working as Lab Techniciansand Pharmacists Grade-II, under the Control of District Medical and Health Officers, in various Districts. Theywere appointed initially for a period of one year oncontract basis and are continuing as such. It is theirgrievance that though they were selected by following dueprocedure contemplated under law and when their claimsfor regularization are pending consideration, respondentsare taking steps to fill up the posts by issuing notification.
Assailing the action of the respondents in takingsteps to fill up the vacancies, petitioners have alreadyapproached the Tribunal and their claim is pending. When the Tribunal issued notice to the respondents,without passing any interim order, aggrieved by the same,they approached this Court. Even according to thepetitioners, their contracts are extended up to the end ofApril, 2014. In that view of the matter and in the absenceof passing any interim order refusing the claim of thepetitioners, there is no reason to entertain this Writ Petitionat this point of time. If the respondents are taking anysteps adverse to the interests of the petitioners, they canas well seek appropriate relief before the Tribunal itself. Inview of the pendency of the O.A., filed by the petitionersbefore the Tribunal, this Writ Petition is disposed ofgranting liberty to the petitioners to seek appropriate reliefbefore the Tribunal. Consequently, miscellaneouspetitions if any pending in this Writ Petition stand disposedof. No order as to costs.
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R. SUBHASH
REDDY, J
December 31, 2013.
Mgr/MRR
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A. SHANKAR NARAYANA, J