← Library
High Court for State of TelanganaWP/17067/2018dismissed

Kollabathulla Pandavulu, v. The State Of Andhra Pradesh,

2018-06-04P Naveen Rao2 pages

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.17067 OF 2018 Dated:04.06.2018 Between:

Kollabathulla Pandavulu, S/o. Sathaiah, Aged about 50 years, R/o.D.No.66-1-77, S. Achyuthapuram, Kakinada Rural, East Godavari District .. Petitioner And The State of Andhra Pradesh, rep., by its Principal Secretary, Forest Department, Secretariat, Secretariat Buildings, Velagapudi, Guntur District and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.17067 OF 2018 ORDER:

Heard.

2.

According to petitioner, he joined service as Driver in Forest Department on 01.08.1996. After 2008, his services were not engaged as Driver and in spite of submission of several representations to the authorities concerned, he is not reinstated into service. In other words, petitioner is claiming reinstatement into service of Andhra Pradesh State.

3.

This Writ Petition being a service matter concerning the State of Andhra Pradesh, the jurisdiction to deal with the service matters is vested in Andhra Pradesh Administrative Tribunal (APAT) constituted under the Administrative Tribunals Act, 1985 (for short, 'the Act').

As held by the Supreme Court in L. Chandra Kumar v. Union of India1, the APAT is the Court of first instance to adjudicate service disputes and an aggrieved employee cannot directly invoke the jurisdiction of this Court. Thus, petitioner has to avail the remedies available under the Act. 4.

The Writ Petition is accordingly dismissed granted liberty to the petitioner to avail appropriate remedies available under the Act. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:04.06.2018 KH 1 AIR 1997 SC 1125