Perumalla Seethamma v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SMT JUSTICE K.VIJAYA LAKSHMI WRIT PETITION No.31724 of 2017 Date:04.10.2017 Between:

Perumalla Seethamma, D/o Late Kuppa Manthaiah ..... Petitioner And:

The State of A.P., reptd by it Principal Secretary, Revenue Department, Velagapudi and four others.

.....Respondents Counsel for the petitioner: Mr. Bomminayuni Apparao Counsel for the respondents: GP for Services (AP) The Court made the following:

CVNR, J & KVL, J WP.No.31724 of 2017 Dated:04.10.2017 ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) Feeling aggrieved by order, dated 06.7.2017, in Original Application No.1414 of 2017 on the file of the Andhra Pradesh Administrative Tribunal at Hyderabad (for short 'the Tribunal'), the unsuccessful applicant therein filed this Writ Petition. The afore-mentioned O.A. was filed by the petitioner with the grievance that the purported appeal filed by her before respondent No.3 was not being disposed of and therefore, a direction was sought to respondent No.3 to dispose of the appeal. However, the Tribunal while dismissing the O.A., went into the aspects as to whether respondent No.3 or the Collector was the appellate authority and whether the appeal was filed by the petitioner within limitation.

Not only that, the Tribunal went on rendering findings on merits of the case, i.e., as to whether the petitioner was entitled to compassionate appointment. In our opinion, the Tribunal has far too exceeded its jurisdiction in rendering findings on matters which are totally extraneous to the scope of the O.A. In this view of the matter, without expressing any opinion on the merits of the case, the impugned order of the Tribunal is set aside. Respondent No.3 is directed to dispose of the petitioner's appeal, dated 06.9.2014, stated to be pending before him, after hearing the petitioner as well as respondent No.

CVNR, J & KVL, J WP.No.31724 of 2017 Dated:04.10.2017 findings rendered by the Tribunal in the impugned order, within two months from the date of receipt of a copy of this order.

Subject to the above observations and directions, the Writ Petition is allowed.

As a sequel, WPMP.No.39493 of 2017 stands disposed of as infructuous.

__________________________ JUSTICE C.V.NAGARJUNA REDDY ______________________ JUSTICE K.VIJAYA LAKSHMI 04th October 2017 DR