Petitioner challenged non-implementation of Administrative Tribunal order reinstating him to service. Court found no valid ground to entertain the petition and dismissed it at admission stage, leaving legal remedies open.
Writ Petition dismissed at admission stage with leave to pursue other legal remedies.
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HONOURABLE SRI JUSTICE G.CHANDRAIAH AND HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO
WRIT PETITION No. 38881 OF 2015
DATED 7TH December, 2015
BETWEEN
Mohd. Omer
…Petitioner And
The State of Telangana, rep. by its Principal Secretary, Intermediate Education Department, Secretariat, Hyderabad and ors
…Respondents.
HONOURABLE SRI JUSTICE G.CHANDRAIAH AND HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO
WRIT PETITION No. 38881 of 2015
ORDER: ( Per Hon’ble Sri Justice G.CHANDRAIAH)
The petitioner herein is the applicant in O.A.No.904 of 2010 on the file of the Andhra Pradesh Administrative Tribunal. The said OA was filed to declare the action of second respondent in issuing proceedings dated 16.7.2008 and 11.09.2009 dispensing with the services of the petitioner/applicant as illegal and arbitrary.
The Tribunal through its order dated 02.09.2013 allowed the said OA while setting aside the proceedings of the second respondent dated 16.07.2008 and directed the respondents to
reinstate the petitioner/applicant in service within a period of four weeks from the date of receipt of the said order. However, the respondents have not implemented the said order. Questioning the same, the petitioner/applicant filed the present Writ Petition.
Having regard to the facts and circumstances of the case, we do not see any valid and substantial legal ground to entertain the Writ Petition and in view thereof, the Writ Petition is liable to be dismissed at the admission stage.
The Writ Petition is dismissed at the admission stage. However, it is left open to the petitioner to resort to appropriate legal remedies available under law.
Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE G.CHANDRAIAH
JUSTICE U.DURGA PRASAD RAO
DATED 7TH DECEMBER, 2015. . Msnrx
2 issues framed by the court
Whether a writ petition challenging non-implementation of a Tribunal order should be entertained at the admission stage.
Whether there are valid and substantial legal grounds to maintain the writ petition.
Mohd. Omer
The State of Telangana
G.CHANDRAIAH
U.DURGA PRASAD RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
