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High Court for State of TelanganaWP/23941/2017disposed of no costs

G.Manohar, v. State Of Telangana, Represented By Its Principal Secretary,

2017-07-205 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] THURSDAY THE TWEINTIETH DAY OF JULY TWO THOUSAND AND SEVENTEEN PRESENT HONOURABLE SRI JUSTICE SURESH KUMAR KAIT AND HONOURABLE DR.JUSTICE SHAMEEM AKTHER WRIT PETITION No. 23941 OF 2017 Between:

G. Manohar & Ors.

...

Petitioners V/s.

The State of Telangana, Represented by its Principal Secretary,.

PR & RD Department, Telangana Secretariat, Hyderabad & Ors.

...

Respondents Counsel for the Petitioners :

Sri A. Thirupathi Goud Counsel for the Respondents :

GP for PR & Rural Development The court made the following:

:

[order follows]

HON'BLE SRI JUSTICE SURESH KUMAR KAIT A N D HON'BLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION No. 23941 OF 2017 O R D E R : ( Oral, Per the Hon'ble Sri Justice Suresh Kumar Kait ) This writ petition is filed by the petitioner invoking the inherent jurisdiction of this Court under Article 226 of the Constitution of India, seeking writ of mandamus to declare the impugned action of the respondents in not implementing the interim orders dated 09/7/2015 passed by the A.P. Administrative Tribunal, Hyderabad, in O.A.No. 3617 of 2015 and keeping the orders in cold storage under the guise of removing the jurisdiction of the Government employees of Telangana State from the A.P.Administrative Tribunal, Hyderabad, as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India and consequently to direct the respondents to implement the aforesaid orders with all consequential benefits and to pass such other suitable orders as this Court may deems fit and proper in the circumstances of the case.

2. Heard the learned counsel appearing on behalf of the petitioners and the learned Government Pleader appearing on behalf of the respondents.

3. As stated by the counsel for the petitioners that the orders dated 09/7/2015 passed by the A.P. Administrative Tribunal, Hyderabad, in O.A.No. 3617 of 2015 has not been complied with. The fact remains that the Administrative Tribunal for the State of Telangana is not in force, therefore, the original jurisdiction of the Administrative Tribunal for Telangana is vested to this Court and the matters are pending before the learned single Judge of this Court. Even the present O.A.No. 3617 of 2015 is pending before the learned single Judge of this Court.

4. In view of the above, we deem it appropriate to grant liberty to the petitioners to seek the relief as sought for in the present writ petition before the learned single Judge of this Court in O.A.No. 3617 of 2015.

5. We hereby make it clear that if the petitioners are still aggrieved with the orders passed by the learned single Judge, they may approach appropriate forum available under law.

6. In view of the above direction, this writ petition is disposed of at the stage of admission. There shall be no order as to costs.

7. As a sequel, pending miscellaneous petitions, if any, shall stand closed.

____________________________ JUSTICE SURESH KUMAR KAIT _____________________________ Dr. JUSTICE SHAMEEM AKTHER 2 0 -0 7 -2 0 1 7 I s L

HONOURABLE SRI JUSTICE SURESH KUMAR KAIT AND HONOURABLE DR.JUSTICE SHAMEEM AKTHER WRIT PETITION No. 23941 OF 2017 (Order of the Division Bench delivered by Hon'ble Sri Justice Suresh Kumar Kait) Date. 20-07-2017 Court Master: I s L Computer No. 43 Circulation No.100