High Court for State of TelanganaWP/2659/2016dismissed no costs

Jarapala Ramesh, v. The State Of Telangana,

2016-02-01P Naveen Rao2 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.2659 OF 2016 DATED : 01.02.2016 Between :

Jarapala Ramesh S/o.Bheelya, Aged about 32 yrs, Occu : Contract Teacher, R/o.Raoji Thanda Village, Perupally Post, Singareni Mandal, Khammam District.

.. Petitioner And The State of Telangana, Rep., by its Principal Secretary, Department of School Education, Secretariat, Hyderabad & 3 others.

.. Respondents This court made the following :

THE HON'BLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION No.2659 of 2016 ORDER :

This writ petition is filed by the petitioner claiming that he has participated in the selections conducted at the District level by the District Selection Committee, 2008 to the post of School Assistant (English). Petitioner secured merit in the selections conducted and was eligible for appointment as School Assistant (English) in the schools located in agency areas. Alleging that inspite of securing proper merit, he was not appointed, this writ petition is filed.

2. As seen from the averments in the affidavit filed in support of the writ petition, the notification and merit list, it is apparent that petitioner is seeking employment against the post belonging to the State of Telangana and State of Telangana is the employer. Thus, any grievance relating to recruitment to Government service has to be agitated before the Andhra Pradesh Administrative Tribunal (APAT), constituted under the Administrative Tribunals Act, 1985. The APAT is the Court of first instance as held by the Hon'ble Supreme Court in L. Chandra Kumar Vs Union of India[1]. The petitioner cannot directly invoke the jurisdiction of this Court.

3. Having regard to the above, the writ petition is not maintainable and is accordingly dismissed leaving it open to the petitioner to avail the remedy as available under the Administrative Tribunals Act. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand dismissed.

__________________ P.NAVEEN RAO,J 1st February, 2016 Rds [1] AIR 1997 SC 1125