N. Ashok Kumar, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.25801 OF 2018 Dated:26.07.2018 Between:

N. Ashok Kumar, S/o. N. Venkata Ramana, Age 64 years, Occ: Assistant Director of Agriculture (Retired), R/o. 301-A, Raja Hamsa Apartments, Ananthapuramu, Ananthapuramu District, Andhra Pradesh .. Petitioner And The State of Andhra Pradesh, rep., by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Guntur District and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.25801 OF 2018 ORDER:

Heard.

2.

Petitioner was appointed as Agriculture Officer in the respondent - Department on 26.06.1981. Subsequently, on attaining the age of superannuation, he retired from service on 30.04.2012 from the State of Andhra Pradesh. His grievance is that his retirement benefits are not settled without any justification.

3.

Since the issue relates to the service dispute of employee working in the State of Andhra Pradesh, the employee 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. 4.

The Writ Petition is accordingly dismissed granting liberty to the petitioner to avail appropriate remedy 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:26.07.2018 KH 1 AIR 1997 SC 1125