M.Venkataramana Murthy, v. State Of Andhra Pradesh, Rep. By Its Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE NINETH DAY OF DECEMBER TWO THOUSAND AND FIFTEEN

Present

Between:

M. Venkataramana Murthy, S/o. Late Ramachandrudu, Aged 45 years, Occ: Service, R/o. Block No.452, Bharathinagar, HUDCO Colony, Balaga, Srikakulam Town, Srikakulam District & another.

.. Petitioners AND State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Education Department, Andhra Pradesh Secretariat Buildings, Saifabad, Hyderabad & 4 others .. Respondents The Court made the following:

ORDER:

The petitioners are appointed by the State Government as Junior Lecturers and they are in Government service though appointed on contract basis. The grievance of the petitioners is against the order, dated 13.10.2015, wherein the request for renewal of their contractual service is rejected. It is a service grievance and the jurisdiction to adjudicate service disputes of employees working in the State Government service are vested in the A.P. Administrative Tribunal constituted under the Administrative Tribunals Act, 1985.

2. As held by the Supreme Court in L. Chandra Kumar Vs. Union of India[1], the Administrative Tribunal is the Court of first instance concerning all grievances arising out of service in the Government. When jurisdiction is specifically vested in the A.P.Administrative Tribunal, the aggrieved person has to invoke the jurisdiction of the A.P. Administrative Tribunal before invoking the jurisdiction of this Court. The Tribunal is vested with jurisdiction to adjudicate service grievance relating to contract appointments also. Merely because orders passed by the A.P.Administrative Tribunal dated 31.12.2013, 07.03.2014 and 12.08.2014 are not complied with cannot be a ground to directly institute a fresh writ petition. Therefore, the writ petition is not maintainable. The petitioner has to avail the remedy as available under the Administrative Tribunals Act, 1985.

4. Accordingly, the Writ Petition is dismissed by granting liberty to the petitioners to avail the remedy as available under the Administrative Tribunals Act, 1985. 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: 9th December, 2015 KL

Date: 9th December, 2015 KL [1] AIR 1997 SC 1125