D.V.Subba Rao, S/O Rama Rao, v. State Of Andhra Pradesh Rep. By Its Special Chief Secretary

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE SMT. JUSTICE ANIS WRIT PETITION NO.21142 OF 2017

O R D E R

(Per Hon'ble Sri Justice Sanjay Kumar) The prayer of the petitioner in this case reads as under: 'It is therefore prayed that this Hon'ble High Court may be pleased to grant appropriate relief more in the nature of Writ of Mandamus declaring the action of the Respondents not paying the salary to the Petitioner attached to the post of Dy. Collector with effect from the date of promotion of his juniors as arbitrary, illegal, discriminatory, malafide, unconstitutional and subversive of rule of law violating Article 14, 16 and 21 of the Constitution of India and issue consequential directions directing the Respondents to forthwith pay the salary to the Petitioner attached to the post of Dy. Collector with effect from the date of promotion of his juniors and recover the same from the 3rd Respondent and pass such other order or orders.'

As the petitioner belongs to the State of Andhra Pradesh and is a Government employee, he would necessarily have to approach the Andhra Pradesh Administrative Tribunal, constituted under the provisions of the Administrative Tribunals Act 1985, in the first instance and cannot come before this Court directly.

The writ petition is accordingly dismissed on this short ground leaving it open to the petitioner to avail appropriate remedies in accordance with law before appropriate forum. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs. _____________________ SANJAY KUMAR, J _____________________ ANIS, J 15th SEPTEMBER, 2017 Svv