S. Shankar Raju v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE M.GANGA RAO WRI T PETI TI ON NO.32910 OF 2018 ORDER: (per SK,J) The petitioner is the unsuccessful applicant in O.A.No.1618 of 2018 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad. The prayer therein was to declare the Memo dated 16.02.2018 issued by the Superintendent of Police, Y.S.R. District, Kadapa, whereby the final seniority list was notified indicating his position at Serial No.148 as against his seniority at Serial No.6 shown earlier as illegal. The ground of challenge was that the final seniority list was notified without even communicating the provisional seniority list calling for objections. By order dated 13.08.2018, the Tribunal dismissed the O.A.

being of the opinion that an efficacious alternative remedy was provided to the petitioner/applicant under Rule 26 of the Andhra Pradesh State and Subordinate Service Rules, 1996, in the form of an appeal. Relegating the petitioner/applicant to the said remedy, the Tribunal dismissed the O.A. Having heard Sri V.R.Reddy Kovvuri, learned counsel for the petitioner/applicant, we find no grounds to interfere with the discretion exercised by the Tribunal. Hierarchy of remedies are provided so that the aggrieved party can seek relief before the statutory authority in the first instance. Instead of doing so, it is not open to a litigant to go before the Tribunal straight away asserting that he has a larger illegality to demonstrate. The petitioner/applicant was therefore rightly relegated to the appellate remedy.

The writ petition is devoid of merit and is accordingly dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

_______________ SANJAY KUMAR,J ______________ M.GANGA RAO,J Date:12.09.2018 GJ