Badana Krishna Rao, v. The State Of Andhra Pradesh, Rep. By Its Secretary,

HON'BLE MR JUSTICE R. KANTHA RAO DATE:09.07.2015 BETWEEN:

Badana Krishna Rao .. Petitioner And The State of A.P. rep. by its Secretary, PR & RD Dept.Hyderabad and three others .. Respondents

HON'BLE SRI JUSTICE R. KANTHA RAO ORDER:

This writ petition is filed by the petitioner under Article 226 of the Constitution of India seeking a writ of mandamus declaring the proceedings in Rc.No.63/2015/E6/HR, dated 18.05.2015 issued by the 3rd respondent as illegal, arbitrary and consequently to set aside the same.

2. Heard the leaned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

3. The petitioner was appointed as Field Assistant under National Rural Employment Guarantee Scheme, A.P. for Vasundara Grampanchayat vide proceedings dated 18.12.2012 issued by the third respondent.

4. Since the order impugned in this writ petition is appealable, this Court is of the opinion that the petitioner has to avail efficacious alternative remedy by way of appeal.

5. In the circumstances, the writ petition is disposed of at the stage of admission, directing the petitioner to avail remedy of appeal before the Appellate Authority. As the petitioner approached this Court directly without availing the appeal remedy, the Appellate Authority is directed to entertain the appeal notwithstanding the delay, if any occasioned in preferring the appeal and dispose of the appeal on merits in accordance with law within a period of two months from the date of filing of the appeal. There shall be no order as to costs.

The miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_________________ R.KANTHA RAO, J Date:09.07.2015 ccm THE HON'BLE SRI JUSTICE R.KANTHA RAO

DATE:09.07.2015 ccm