The court dismissed the writer petition as not maintainable because the petitioner failed to exhaust the statutory remedy of appeal to the District Collector available against the order of termination by the Project Director.
The writ petition is dismissed; the petitioner is directed to avail the remedy of appeal to the District Collector.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
FRIDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND FIFTEEN
Present
HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.41059 of 2015
Between:
B. Basi Reddy, Field Assistant, Thalamudipi Gram Panchayat, Galiveedu Mandal, Y.S.R. Kadapa District.
.. Petitioner
AND The State of Andhra Pradesh, Rep. by Principal Secretary, Panchayat Raj and Rural Development, Secretariat, Hyderabad & another
.. Respondents
The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.41059 of 2015
ORDER:
The petitioner is a Field Assistant. The petitioner is aggrieved by the order of termination of service, dated 30.04.2015. Against the order of termination, an appeal is provided as per the Human Resources Policy and the circular instructions issued from time to time. The appeal lies to the District Collector against the decision of the Project Director. In the instant case, the petitioner was terminated from service by the order of the Project Director and Joint Secretary, District Water Management Agency, Y.S.R. Kadapa District (2nd respondent), dated 30.04.2015. Thus, the petitioner has a remedy by way of appeal and without exhausting the said appeal, this writ petition is filed. No reasons are assigned for invoking the jurisdiction of this Court directly without availing the remedy of appeal provided to the petitioner. Hence, the writ petition is not maintainable.
2. Accordingly, the Writ Petition is dismissed, leaving it open to the petitioner to avail the remedy of appeal to the District Collector. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
_____________________ P.NAVEEN RAO, J
Date: 18th December, 2015 KL
HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.41059 of 2015
Date: 18th December, 2015
KL
2 issues framed by the court
Whether a writ petition filed by a terminated Field Assistant regarding service termination is maintainable without exhausting the internal appeal remedy provided under Human Resources Policy against
Whether the petition is defective for invoking judicial jurisdiction directly without availing the statutory administrative remedy of appeal to the District Collector.
B. Basi Reddy
The State of Andhra Pradesh
P. Naveen Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
