Dismissed

Ch. Sayanna, S/o Pedda Saheb, v. The Government of Andhra Pradesh, Rep. by its

Telangana HC20 Jan 2014WP/210/2014

Case brief

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What is this about?

The High Court dismissed a writ petition challenging an order closing an original application due to pending inter-departmental proceedings. The Court held that while the promotion order was open to be questioned, the mere closure of the application without adjudicatory directions did not constitute interference requiring judicial scrutiny.

What the court decided

AI extract

Ch. Sayanna, S/o Pedda Saheb, Vs The Government of… — Service and Employment | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE R. SUBHASH REDDY AND

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THE HON’BLE SRI JUSTICE A. SHANKAR NARAYANA WRIT PETITION No.210 of 2014

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ORDER:

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(Per Hon’ble Sri RSR, J.)

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1 Fifth respondent in O.A.No.2465 of 2008 filed before the Andhra Pradesh Administrative Tribunal, Hyderabad has filed the present Writ Petition aggrieved by the order, dated 24.09.2013 passed by the Tribunal in the said O.A.

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2 Fifth respondent herein, who was the applicant before the Tribunal, has filed the aforesaid O.A questioning the order passed by the Government in G.O.Rt.No.35, Consumer Affairs, Food & Civil Supplies (CS.II) Department, dated 24.03.2008. At the relevant time, the fifth respondent herein was working as Technical Assistant in the office of the Inspector, Legal Metrology, Ranga Reddy District. By the implementation of the orders issued by the Government in G.O.Ms.No.610, General Administration Department, dated 30.12.1985, he was repatriated to his local unit i.e. Karimnagar. During the pendency of the proceedings, further orders were passed by the Regional Deputy Controller, Legal Metrology, Hyderabad, in proceedings No.232/E/2009, dated 05.08.2009 promoting the fifth respondent to the post of Senior Technical Assistant and transferring to Sangareddy. In view of the said proceedings dated 05.08.2009, issued during the pendency of the O.A, the Tribunal closed the O.A. filed by the 5^th respondent /

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applicant by observing that no further action survives in the matter.

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3 It is the grievance of the petitioner herein that the Tribunal should not have closed the O.A by simply taking note of the proceedings dated 05.08.2009 issued by the Regional Deputy Controller, Legal Metrology, Hyderabad, in proceedings No.232/E/2009.

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4 The Tribunal has not issued any direction but it has merely closed the O.A filed by the 5^th respondent herein. If the petitioner is aggrieved by the order of promotion given to the 5^th respondent / applicant issued by the Regional Deputy Controller, Legal Metrology, Hyderabad, in proceedings No.232/E/2009, dated 05.08.2009, it is open for him to question the same subject to availability of grounds. But at the same time, in the absence of any direction given by the Tribunal in the aforesaid O.A, the petitioner cannot assail the impugned order by which merely the application filed by the 5^th respondent / applicant is closed.

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5 In that view of the matter, we do not find any merit in this Writ Petition and accordingly the same is dismissed. No order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed.

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R. SUBHASH REDDY, J.

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A. SHANKAR NARAYANA, J.

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Date: 20.01.2014 Kvsn*

Ch. Sayanna, S/o Pedda Saheb, v. The Government of Andhra Pradesh, Rep. by its

Case brief

What is this about?

What the court decided

Ch. Sayanna, S/o Pedda Saheb, v. The Government of Andhra Pradesh, Rep. by its

Case brief

What is this about?

What the court decided

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