N.V.L.K. Padmavathi W/O B. Satyanarayana, v. The State Of Andhra Pradesh Rep. By Its Principal
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND SIXTEEN (21.04.2016) PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY & THE HON'BLE SRI JUSTICE M.S.K.JAISWAL WRIT PETITION No.13318 of 2016 Between:
N.V.L.K.Padmavathi ..... PETITIONER AND The State of Andhra Pradesh, rep.by its Principal Secretary, Health, Medical & Family Welfare Department, A.P.Secretariat Buildings, Hyderabad and 7 others .....RESPONDENTS Counsel for the Petitioner : Mr.M.SRIKANTH Counsel for Respondent Nos.2 to 5 : G.P.for Services (AP) The Court made the following:
THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY & THE HON'BLE SRI JUSTICE M.S.K.JAISWAL WRIT PETITION No.13318 of 2016 JUDGMENT: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy)
The writ petitioner, who is working as Multipurpose Health Assistant (Female), filed O.A.No.978 of 2016, on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short "the Tribunal"), feeling aggrieved by the final seniority list, prepared by respondent No.5. The Tribunal has dismissed the O.A. on the ground that the petitioner has not exhausted the remedy of appeal under Rule-26 of the Andhra Pradesh State and Subordinate Service Rules, 1996, and that therefore, the O.A. is liable to be dismissed, in view of Section 20 of the Administrative Tribunals Act, 1985. We have heard Sri M.Srikanth, learned counsel for the petitioner.
We are of the opinion that the order of the Tribunal does not suffer from any error, as admittedly, the petitioner has been provided with the remedy of appeal against the final seniority list, prepared by respondent No.5, and he has not availed the said remedy. The Tribunal has therefore rightly declined to adjudicate the O.A on merits at this stage. In this view of the matter, we do not find any merit in the writ petition and the same is accordingly dismissed. No order as to costs. As a sequel to dismissal of the Writ Petition, WPMP No.16652 of 2016, filed by the petitioner for interim relief, is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY,J __________________ M.S.K.JAISWAL,J Date: 21.04.