Disposed

P. Subba Rao, v. The Andhra Pradesh Administrative Tribunal

Telangana HC4 Aug 2014WP/21952/2014

Case brief

AI extract

What is this about?

This Court directed the Tribunal in an Original Application to decide the applicability of the Amended 2014 Act regarding the petitioner's superannuation age. The Writ Petition declaring the lack of interim orders arbitrary was disposed of with no order as to costs.

What did the court decide?

Directing Respondents 2 and 3 to file counters in the Original Application before the Tribunal within four weeks and the Tribunal to decide it within four weeks thereafter.

P. Subba Rao, Vs The Andhra Pradesh… — Pension and Retirement Benefits | Telangana HC (2014)

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THE HON'BLE SRI JUSTICE K.C.BHANU AND

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THE HON’BLE MRS JUSTICE ANIS

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WRIT PETITION No.21952 OF 2014

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ORDER:- (per Hon’ble Sri Justice K.C.Bhanu)

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This Writ Petition, under Article 226 of the Constitution of India, is filed to declare the action of respondent No.1 in not passing the interim orders in Original Application No.4476 of 2014 and ordering notice before admission on 31.07.2014, as arbitrary and illegal and consequently, to suspend letter No.14/SPF&MC/2014-1, General Administration (SPF&MC) Department, dated 23.07.2014, issued by respondent No.2 herein pending the aforementioned Original Application by directing the respondents herein to continue the petitioner in service till he attains the age of 60 years in accordance with Act 4 of 2014 issued in G.O.Ms.No.63, Law (F) Department, dated 27.06.2014, published in Government Gazette on 27.06.2014 and G.O.Ms.No.147, Finance (HRM IV) Department, dated 30.06.2014 with all benefits after calling for records.

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2. Heard.

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3. Interim prayer and the main prayer in the Original Application are one and the same. With regard to service condition, whether Andhra Pradesh Public Employment (Regulation of Age of Superannuation) (Amendment) Act, 2014, can be extended to the petitioner or not in terms of Andhra Pradesh Re-Organisation Act, 2014 has to be decided in the Original Application pending before the Tribunal. Unless, the Original Application is decided, whether such Act applies to the case of the petitioner or not cannot be decided by this Court in the present Writ Petition.

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4. Therefore, we direct respondent Nos.2 and 3 to file their counters in the Original Application before the Tribunal within a period of four (4) weeks from the date of receipt of a copy of this order, and we request the Tribunal to dispose of aforementioned Original Application within four (4) weeks thereafter. Uninfluenced by an observation, if any, made in the impugned order, dated 31.07.2014, the Tribunal shall dispose of aforementioned Original Application.

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5. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, shall stand closed.

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_____________________ JUSTICE K.C.BHANU

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______________ JUSTICE ANIS

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AUGUST 04, 2014 YVL

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THE HON'BLE SRI JUSTICE K.C.BHANU AND

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THE HON’BLE MRS JUSTICE ANIS

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WRIT PETITION No.21952 OF 2014

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Date: 04.08.2014

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YVL

P. Subba Rao, v. The Andhra Pradesh Administrative Tribunal

Case brief

What is this about?

What did the court decide?

P. Subba Rao, v. The Andhra Pradesh Administrative Tribunal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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