WP/25057/2004 of T.Nanda Kumar Vs The Government of Andhra Pradesh on 31 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE G. BIKSHAPATHY

and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY

WRIT PETITION NO : 25057 of 2004

Between:

T.Nanda Kumar S/o Sri TV.Satyanarayana Rao H.M & F.W.Department AP.Secretariat, Hyderabad.

AND

..... PETITIONER

1 The Government of Andhra Pradesh rep.by its Secretary, GA (ser)Department, AP. Secretariat, Hyderabad.

2 The Government of Andhra pradesh rep.by its Secretary , GA( Political)Department, AP. Secretariat, Hyderabad.

3 V.Swaran Kumari W/o

L.F N &T Department , AP.Secretariat, Hyderabad.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a writ order or direction more particularly one in the nature of Writ ofMandamus to declare the inaction on the part of the Hon'ble AP. AdministrativeTribunal in passing the interim orders in OA.No.6924/2004 exercising the powersU/S 24 of the Administrative Tribunal Act, as illegal, arbitrary and consequentlydirect the respondents to include the name of the petitioner in the panel of AssistantSecretary to Government showing his name above the name of the 3rd respondentand to grant such other relief or reliefs as this Hon'ble court deems fit and proper inthe circumstances of the case.

Counsel for the Petitioner: MR.K.RAM REDDY

Counsel for the Respondents: GP FOR SERVICES II

ORAL ORDER:-(PER GB,J.)

The Writ Petition is filed against the interim order, dated 23.12.2004 passed by theA.P. Administrative Tribunal in O.A.No.6924 of 2004.

2. The petitioner filed O.A. seeking the following relief:

“In view of the facts mentioned in Para 6 above, the applicant prays that thisHon’ble Tribunal may be pleased to declare the impugned action of therespondent authorities in not taking steps for effecting the orders passed inG.O.Ms.No.64, dated 15.11.2000 revising his placement in the category ofAssistant Section Officer and incorporating his name at an appropriate placein the Final Seniority list issued in G.O.Ms.No.186, dated 20.6.2003 as illegal,arbitrary and the one in violation of Principles of Equality and consequentlydirect the respondents to take all steps that are warranted for giving effect theorders issued in G.O.Ms.No.64, dated 15.11.2000 duly incorporating his nameat an appropriate place in the Final Seniority list confirmed videG.O.Ms.No.186, dated 20.6.2003 with all consequential benefits and to grantsuch other relief or reliefs as this Hon’ble Tribunal may deem fit and proper inthe circumstances of the case and in the interest of justice.”

3. The Tribunal while admitting the O.A., ordered Notice before admission, againstwhich the present Writ Petition has been filed.

4. After hearing the learned counsel for the parties, we are not inclined to grant anyrelief to the petitioner as the petitioner has to await the further orders of the Tribunal.

5. Under those circumstances, we find it is premature and accordingly, the WritPetition is dismissed. No costs.

Date: 31.12.2004

ES

__________________

G. BIKSHAPATHY, J.

______________________

B. SESHASAYANA REDDY, J.

To

1 The Secretary, Government of Andhra Pradesh, GA (ser) Department, AP. Secretariat, Hyderabad.

2 The Secretary, Government of Andhra pradesh, GA (Political) Department, AP. Secretariat, Hyderabad.

3 V.Swaran Kumari W/o

L.F N &T Department , AP.Secretariat, Hyderabad.

4 2 CCs to the G.P. for Services II, High Court of A.P., Hyderabad (OUT).

5 2 CD copies.