Ch.Siva Ramakrishna, v. The Government Of A.P.,

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE M.GANGA RAO WRI T PETI TI ON NO.32719 OF 2018 ORDER: (per SK,J) The petitioner is the applicant in O.A.No.1250 of 2017 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for brevity, 'the Tribunal'). He is aggrieved by the fact that the Tribunal is not taking up his O.A. for the purpose of considering grant of interim relief as prayed for therein.

Perusal of the record reflects that the Tribunal, having heard the arguments on admission, issued notice before admission to the respondents returnable in four weeks vide order dated 03.05.2017. Thereafter, it appears that the matter came up before the Tribunal on 28.03.2018 and it was again adjourned by four weeks. We are at a loss to understand as to why the Tribunal did not take up the hearing of the O.A. for the purpose of the interim relief when the matter came up before it nearly ten months after notice was ordered to the respondents. However, in the light of the law laid down by the Supreme Court in L.Chandra Kumar v. Union of I ndia1, it is not for this Court to step into the shoes of the Tribunal and adjudicate the merits of the O.A. even for the purpose of granting interim relief.

The Tribunal is the Court of first instance in terms of the aforestated decision of the Supreme Court and it would be failing in its duty if it does not abide by the mandate thereof. Keeping the O.A.

injustice and sets at naught the edict of the Supreme Court in L.Chandra Kumar 1.

The writ petition is accordingly disposed of directing the Andhra Pradesh Administrative Tribunal, Hyderabad, to forthwith take up O.A.No.1250 of 2017 for consideration of the prayer therein for interim relief.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. _______________ SANJAY KUMAR,J ______________ M.GANGA RAO,J Date:12.09.2018 GJ