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High Court for State of TelanganaWP/22174/2018disposed of no costs

B.Gangadharappa, v. Prl.Secy., Home Dept., State Of A.P.,

2018-06-29Abhinand Kumar Shavili,Suresh Kumar Kait2 pages

HON'BLE SRI JUSTICE SURESH KUMAR KAIT & HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P. No. 22174 of 2018 O R D E R:- (ORAL) (Per Hon'ble Sri Justice Suresh Kumar Kait) This writ petition is filed challenging the order dated 15.06.2018 in O.A.No. 1138 of 2018 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, whereby the application filed by the petitioners under Section 19 of the Administrative Tribunals Act, 1985, has been dismissed giving liberty to file an appeal before the competent appellate authority.

Admittedly, the petitioners have right to file appeal either under Rule 23 or Rule 26 of the Andhra Pradesh State and Subordinate Service Rules, 1996 before the competent appellate authority against promotions given to 11 Armed Reserve Police Constables vide order in D.O.No. 265/ 2018 Rc.No. A1/ 216/ 2018, dated 07.03.2018 passed by the 4th respondent - Superintendent of Police. Inasmuch as the petitioners, without availing the statutory remedy, have filed the present writ petition, we do not find any ground to interfere with the order of the Tribunal.

However, if the petitioners so chose to avail the statutory remedy of filing an appeal, we hereby direct the respondent - appellate authority to consider and dispose of

SKK,J & AKS,J WP_22174_2018 the same within a period of two weeks from the date of filing such appeal.

With the above observations, the writ petition is disposed of. No order as to costs.

As a sequel, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_____________________ SURESH KUMAR KAIT, J 29.06.2018 _________________________ ABHINAND KUMAR SHAVILI, J bcj