Dismissed

Ch.Gangadhar S/o Narayana v. The Government of Andhra Pradesh

Telangana HC20 Oct 2014WP/31433/2014

Case brief

AI extract

What is this about?

The Hon'ble High Court dismissed a writ petition challenging the Administrative Tribunal's refusal to grant an interim order continuing the petitioner in service. The Court held that the Tribunal correctly refused the relief as the petitioner's claim depended on final allotment under the Andhra Pradesh Reorganization Act, 2014, rendering the case devoid of merits before an interim stay.

What did the court decide?

Writ Petition dismissed; Tribunal directed to dispose of original application expeditiously.

Ch.Gangadhar S/o Narayana Vs The… — Pension and Retirement Benefits | Telangana HC (2014)

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THE HON'BLE SRI JUSTICE K.C.BHANU AND THE HON’BLE MRS JUSTICE ANIS

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WRIT PETITION No.31433 OF 2014

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

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This writ petition is filed challenging the interim order, dated 9.10.2014, in O.A.No.5944 of 2014 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, “the Tribunal”).

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2. Petitioner herein/applicant filed the aforementioned Original Application before the Tribunal to direct respondent Nos.1 to 4 herein/respondents to continue him in service till the final allotments to the State Cadre officers are made by setting aside G.O.Rt.No.66, Health, Medical & Family Welfare (L1) Department, dated 18.1.2014, purporting to retire him from service with effect from 31.7.2014.

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3. Vide impugned order, dated 09.10.2014, the Tribunal admitted the aforementioned Original Application and held as follows:

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“Admit. Notice to the respondents returnable in six weeks.

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There is no need to pass any interim order, as amended provisions of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 itself takes care of the applicant in matter relating to age of superannuation, in case the applicant, who belongs to State cadre, is allotted to the resultant State of Andhra Pradesh.”

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As interim prayer was not granted, the applicant filed the present writ petition.

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4. Heard.

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5. Grant or refusal of an interim order is within the discretion of the Tribunal. However, that discretion has to be exercised judiciously. In this case, the petitioner claims that he is entitled to be continued in

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service upto the age of 60 years in view of the amendment of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984. As per the Andhra Pradesh Reorganization Act, 2014, the employees are provisionally allotted to two states. Unless an employee is finally allotted to one state, the question of his filing an application for continuation of his service till 60 years may not arise. Therefore, the Tribunal rightly refused to grant the interim order and that order needs no interference by this Court. The Writ Petition is devoid of merits and is liable to be dismissed.

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6. Accordingly, the Writ Petition is dismissed. However, the Tribunal is requested to dispose of the aforementioned Original Application as expeditiously as possible after completion of the pleadings uninfluenced by any observations made in this order. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

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______________________ JUSTICE K.C.BHANU

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JUSTICE ANIS Date: 20.10.2014 AMD

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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.31433 OF 2014

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DATE: 20.10.2014