M.Murali 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.35548 OF 2018 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) The petitioner is the unsuccessful applicant in O.A.No.1332 of 2018 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad. His grievance therein was with regard to the final inter se seniority list of Class III SGT (PET) Cadre of Municipal Teachers dated 16.02.2018 issued by the Regional Director of Municipal Administration, Anantapuram, wherein the fifth respondent was shown at Sl.No.1. He also sought a direction to the authorities to consider his case for promotion to the post of School Assistant (Physical Education) in the upgraded existing vacancy in the ensuing promotion counseling. By order dated 11.07.2018, the Tribunal dismissed the O.A.

, taking note of the fact that an effective alternative remedy was provided to the petitioner-applicant under Rule 26 of the Andhra Pradesh State and Subordinate Service Rules, 1996, and relegated him to invoke the said appellate remedy. Though Sri B.Krishna, learned counsel for the petitioner-applicant, would contend that the petitioner-applicant already preferred an appeal to the Commissioner and Director of Municipal Administration, Andhra Pradesh, on 10.07.2018, we find from the said communication that it reads more like a representation and does not have the requisites of an appeal.

The writ petition is accordingly dismissed leaving it open to the petitioner-applicant to invoke the statutory appellate remedy within two weeks from today. In the event such an appeal is preferred within the time stipulated, the appellate authority shall adjudicate the same on its

own merits and pass appropriate orders thereon in accordance with law expeditiously.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

_________________ SANJAY KUMAR,J _________________ M. GANGA RAO, J Date: 03.10.2018 IBL