D. Venkateswarlu v. The State Of Telangana

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.4106 OF 2020 Dated:26.02.2020 Between:

D. Venkateswarlu, S/o. Ramdas and others .. Petitioners And The State of Telangana, rep., by its Principal Secretary, Irrigation & CAD Department, Secretariat Buildings, Hyderabad and others .. Respondents This Court made the following:

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.4106 OF 2020 ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Irrigation for the respondents. 2.

This writ petition is filed by the persons, claiming to be working as Lascars in O&M Division, Kallur, challenging the Memo No.AB/A.4/03S, dated 02.01.2020, alleging that by the said Memo abruptly the salaries paid to them were stopped from the month of January, 2020 without any justification.

3.

The issue that the salaries were not paid to the petitioners is not the primary issue to be determined in this writ petition. The issue for consideration is, whether the writ petition challenging the internal correspondence between the office of the Superintendent Engineer and his sub-ordinate gives rise to a cause of action to file a writ petition.

4.

From a reading of the Memo impugned in the writ petition, it is seen that the Superintendent Engineer narrates the history of the claims made by the petitioners, the decisions taken by the Government and other authorities and directions issued by the Andhra Pradesh Administrative Tribunal. By this Memo, no final decision was taken and it mandates the Executive Engineer to follow the orders issued earlier and to take appropriate course of action.

5.

Merely because, a copy of Memo is furnished to the petitioners, when they demanded payment of salaries, and the

- 3 - salaries were not paid, cannot give rise to challenge the Memo in this writ petition. Thus, the claim and validity of the entitlement of the petitioners for payment of pay and allowances on the premise that they are working as Lascars cannot be gone into at this stage. 6.

The Writ Petition is accordingly dismissed only on the ground that against an internal correspondence, where no decision is made affecting the petitioners, the writ petition cannot be entertained. However, it is left open to the petitioners to agitate their grievance in appropriate proceedings. There shall be no order as to costs. Pending Miscellaneous Petitions, if any, shall stand closed.

____________________ P. NAVEEN RAO, J Date:26.02.2020 KH