P. Prasad, v. The State Of Andhra Pradesh, Represented By Principle

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE NINETH DAY OF FEBRUARY TWO THOUSAND AND SIXTEEN

Present

Between:

P. Prasad, W/o. P. VEnkataiah, Aged about: 45 years, Occ: Employee, D.No.3/326, Kondamitta Street, Sri Kalahasthi, Chittoor District.

.. Petitioner AND The State of Andhra Pradesh, Rep. by Principle Secretary, Municipal Administration, Hyderabad, Secretariat, Hyderabad & another .. Respondents The Court made the following:

ORDER:

Petitioner claims to be working as Workman in Srikalahasti Municipality for more than 10 years. The petitioner seeks a direction for disposal of his representation, dated 15.04.2015. 15.04.2015 representation is submitted by the workers Union seeking for grant of regularization of their services without any risk of retrenchment and to fix time scale to the workmen whose names are furnished along with the representation. Thus, the grievance of the petitioner is relating to his employment in Srikalahasti Municipality. The adjudication of service grievance of the employees or persons working in the Municipality is vested with the Andhra Pradesh Administrative Tribunal constituted under the Administrative Tribunals Act, 1985.

Thus, the petitioner has an effective remedy under the Administrative Tribunals Act, 1985, and he cannot directly invoke the jurisdiction of this Court. The Supreme Court in L. Chandra Kumar Vs. Union of India[1] held that the Administrative Tribunal is a Court of first instance and the aggrieved persons have to invoke jurisdiction of the Administrative Tribunal first before invoking the jurisdiction of this Court.

2. Having regard to the same, the Writ Petition is dismissed leaving it open to the petitioner to work out his remedies as available under the Administrative Tribunals Act, 1985. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

_____________________ P.NAVEEN RAO, J Date: 9th February, 2016 KL

Date: 9th February, 2016 KL

[1] AIR 1997 Supreme Court 1125