P. Diwakar S/O P. Gynana Prakash v. The State Of Andhra Pradesh Rep. By Its Principal Secretary

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION No.29432 of 2017 Date:31.8.2017 Between:

P.Diwakar, S/o P.Gynana Prakash ..... Petitioner And:

The State of A.P., reptd by its Principal Secretary, Home Department, Velagapudi, Guntur District and another.

.....Respondents Counsel for the petitioner: Mr. B.Chandrasekhar Counsel for the respondents: GP for Services (AP) The Court made the following:

CVNR, J & GSP, J WP.No.29432 of 2017 Dated:31.8.2017 ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) The petitioner, who was working as Sub-Inspector of Police, Special Protection Force under Director General, Andhra Pradesh Special Protection Force, suffered order of compulsory retirement on 05.11.2015. He failed to file an appeal against the said order. However, he has pleaded that he filed Original Application No.2209 of 2017 before the Andhra Pradesh Administrative Tribunal, Hyderabad, (for short 'the Tribunal') with the plea that on 07.9.2016, he filed a mercy petition to the Principal Secretary, Home Department, State of Andhra Pradesh, but, the latter has not been considering and passing appropriate order on the said petition.

The Tribunal, by the impugned order, dismissed the said O.A. on the ground that mercy petition is not a remedy recognised by law and therefore, no direction can be issued to consider such petition.

After hearing, Mr. B.Chandrasekhar, the learned counsel for the petitioner, we have no reason to differ with the view taken by the Tribunal in the impugned order. The petition which is not envisaged by law is nonest and therefore, no Court or Tribunal can issue a direction to the State or its functionaries to consider such non-existent petition.

CVNR, J & GSP, J WP.No.29432 of 2017 Dated:31.8.2017 In this view of the matter, we do not find any reason to interfere with the impugned order of the Tribunal. Hence, the Writ Petition is dismissed.

As a sequel to dismissal of the Writ Petition, WPMP.No.36620 of 2017 is dismissed as infructuous. __________________________ JUSTICE C.V.NAGARJUNA REDDY _____________________________ JUSTICE GUDISEVA SHYAM PRASAD 31st August 2017 DR