Kumara Swamy Nayak v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.18492 OF 2018 Dated:07.06.2018 Between:

Kumara Swamy Nayak, S/o. Late Hadia Nayak, age 58 years, Occ: lHostel Welfare Officer (now dismissed), Government B.C.

Boys Hostel, Yerramukkam Village, Sompet Mandal, Srikakulam District .. Petitioner And The State of Andhra Pradesh, rep., by its Secretary, Tribal Welfare Department, A.P. Secretariat, Velagapudi, Krishna District, Andhra Pradesh and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.18492 OF 2018 ORDER:

Heard.

2.

Petitioner is an employee of the State of Andhra Pradesh. In this Writ Petition, petitioner challenges the order of dismissal from service on the ground that he does not belong to Dhulia (ST) caste and the said caste certificate was cancelled. As the grievance of the petitioner is a service dispute between himself and the State of Andhra Pradesh, petitioner has to avail the remedy before the 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.

3.

The Writ Petition is accordingly dismissed granting 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:07.06.2018 Note:- Issue C.C. tomorrow (B/o) KH 1 AIR 1997 SC 1125