K.Muneendraiah v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE SURESH KUMAR KAIT & HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P. No. 44195 of 2017 O R D E R:- (ORAL) (Per Hon'ble Sri Justice Suresh Kumar Kait) This writ petition is filed assailing the order dated 14.12.2017 in O.A.No. 3302 of 2017 passed by the A.P. Administrative Tribunal, Hyderabad whereby the Tribunal held as under:

" Therefore, pending further orders the impugned proceedings dated 15.11.2017 and consequential proceedings dated 18.11.2017 promoting the 5th respondent as HWO Gr.I are hereby suspended and further the first respondent is directed to consider the case of the applicants for promotion to the post of HWO Gr.I as per the settled seniority list vide proceedings dated 29.01.2008."

Admittedly, the Tribunal, while passing the aforementioned order, neither issued notice to the petitioner nor gave him an opportunity of being heard in spite of the fact that the petitioner filed Caveat Petition No. 106 of 2017 on 21.11.2017 before the Tribunal. This fact is not disputed by the learned counsel for the respondents.

For the aforementioned reason, we hereby set aside the impugned order dated 14.12.2017 in O.A.No. 3302 of 2017 passed by the Tribunal, however the Tribunal is directed to dispose of the O.A. expeditiously after affording both the parties an opportunity of being heard.

SKK,J & AKS,J WP_44195_2017 Accordingly, the writ petition is disposed of. No order as to costs.

As a sequel, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_____________________ SURESH KUMAR KAIT, J 27.02.2018 _________________________ ABHINAND KUMAR SHAVILI, J bcj