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High Court for State of TelanganaWP/2087/2016dismissed

G. Naresh v. The State Of Telangana

2016-01-27P Naveen Rao5 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND SIXTEEN

Present

Between:

G. Naresh, S/o. Late G. Ramulu, Aged about 57 years, Occ: Head Constable at Banjara Hills, P.S. Hyderabad, R/o. H.No.21-42, Vivekananda Nagar, Dilsukhnagar, Hyderabad.

.. Petitioner AND The State of Telangana, Rep. by its Principal Secretary, (Home Department Services), Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:

ORDER:

The petitioner is working as Head Constable in the Police Department of the State of Telangana. His grievance in the writ petition is that wrong date of birth is entered in the service record and based on the wrong entry made in the service record, notice of retirement from service is issued.

2. The petitioner being an employee of the State Government, he has to invoke the jurisdiction of the A.P. Administrative Tribunal constituted under the Administrative Tribunals Act, 1985, which is vested with jurisdiction to adjudicate all service disputes of the State Government employees.

3. As held by the Supreme Court in L. Chandra Kumar Vs.

Union of India and others[1], the A.P.

Administrative Tribunal constituted under the Administrative Tribunals Act, 1985, is an efficacious and effective remedy and it is a Court of first instance. No employee can directly invoke the jurisdiction of High Court without exhausting the remedy available under the Administrative Tribunals Act, 1985.

4. Having regard to the same, the Writ Petition is

dismissed granted liberty to the petitioner to avail the remedy as available under the Administrative Tribunals Act, 1985. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. _____________________ P.NAVEEN RAO, J Date: 27th January, 2016 KL

Date: 27th January, 2016 KL

[1] AIR 1997 Supreme Court 1125