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High Court for State of TelanganaWP/34736/2015dismissed no costs

G.Hari Shankar, S/O. Late G.Anantha Ram v. The State Of Telangana

2016-01-19P Naveen Rao2 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34736 of 2015 Dated : 19.01.2016 Between:

G. Hari Shankar S/o.Late G. Anantha Ram, Age 75 yrs, Occu : Retired Employee, O/o.Executive Engineer, Panchayat Raj, Hyderabad Division, Ranga Reddy District at Hyderabad.

.. Petitioner And The State of Telangana, Rep., by the Special Chief Secretary to Govt., Finance (Ad.II) Department, Secretariat, Hyderabad.

.. Respondent This Court made the following :

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34736 of 2015

ORDER :

The petitioner is a retired employee. He is aggrieved by non-payment of benefits arising out of fixation of 10/16 years SGP/SPP-II Scales under the Automatic Advancement Scheme in accordance with G.O.Ms.No.117 dated 25.05.1981. The petitioner retired from the service of State of Telangana. Being a service grievance petitioner has to invoke the jurisdiction of Andhra Pradesh Administrative Tribunal constituted under the Administrative Tribunals Act, 1985. As held by the Hon'ble Supreme Court in L. Chandra Kumar Vs Union of India[1], the Tribunal being the Court of first instance, the petitioner cannot directly institute the writ petition in this Court challenging the denial of payment of arrears on account of fixation of scales as referred to above.

2. Thus, leaving it open to the petitioner to avail the remedy as available under the Administrative Tribunals Act, 1985, this Writ Petition is dismissed. There shall be no order as to costs.

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

__________________ P.NAVEEN RAO,J 19th January, 2016.

Rds [1] AIR 1997 SC 1125