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High Court for State of TelanganaWP/10874/2017dismissed

K.Rama Rao, v. State Of Ap,

2017-04-17Sanjay Kumar,N. Balayogi2 pages

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE N. BALAYOGI WRI T PETI TI ON No. 10874 of 2017 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) The petitioner is the applicant in O.A.No.4043 of 2014 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad. Interim order dated 10.07.2014 was passed therein by the Tribunal directing the authorities to include the name of the petitioner in the final seniority list of the Deputy Superintendents of Police and consider his case for promotion as a Deputy Superintendent of Police on par with his juniors subject to his eligibility and seniority.

The present writ petition was filed seeking a declaration that the action of the authorities in not implementing the order dated 10.07.2014 passed by the Tribunal in O.A.No.4043 of 2014 was illegal and for a consequential direction to them to forthwith do so. Significantly, the petitioner earlier filed W.P.No.41311 of 2015 before this Court seeking a declaration that the action of the authorities in not promoting him as a Deputy Superintendent of Police in terms of the order dated 10.07.2014 passed by the Tribunal was illegal and for a consequential direction to forthwith consider his case and promote him as a Deputy Superintendent of Police in terms of the said order. This writ petition was disposed of by a Division Bench of this Court on 21.12.2015 directing the Tribunal to take up the matter as expeditiously as possible.

However, in the light of the abolition of the Tribunal insofar as the State of Telangana is concerned in September, 2016, the Tribunal no longer has the jurisdiction to adjudicate the O.A in terms of the aforestated order passed in W.P.No.41311 of 2015 and the O.As.

the final stage of being transferred to this Court. Upon completion of this process, all the O.As., including O.A.No.4043 of 2014 filed by the petitioner, would be listed before the learned Single Judge having provision to hear such matters. It would then be open to the petitioner to seek adjudication of the said transferred O.A in terms of the order dated 21.12.2015 passed in W.P.No.41311 of 2015. At this stage, we see no reason to direct implementation of the interim order passed in the said O.A. in the light of the earlier Division Bench's order dated 21.12.2015 in W.P.No.41311 of 2015.

The writ petition is therefore dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs. ______________________ SANJAY KUMAR, J Date: 17.04.2017 ______________________ N. BALAYOGI , J va