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Andhra Pradesh High Court - Amravati

C. Laxmikanth, vs The Government Of A.P., on 22 October, 2019

Author: C.Praveen Kumar

Bench: C.Praveen Kumar, Cheekati Manavendranath Roy

      THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
                          AND
THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

                    WRIT PETITION No.15224 of 2019


ORDER:

- (Per Hon'ble Sri Justice C.Praveen Kumar) The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking issuance of writ of mandamus declaring the action of the respondents in not implementing the order passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.No.4854 of 2014, dated 12.08.2014, as confirmed by this Court in W.P.No.32040 of 2014 and on dismissal of Special Leave Petition (Civil) Diary No.11803 of 2019, dated 08.07.2019 by the Hon'ble Supreme Court of India, as illegal and arbitrary.

2. Heard learned counsel for the petitioner and learned Government Pleader for Home appearing for the respondents.

3. The fact that the petitioners have filed O.A.No.4854 of 2014 is not in dispute. After hearing, the Tribunal, vide order, dated 12.08.2014, allowed the O.A directing the respondents to accord appropriate seniority to the petitioner in Kurnool Range in the category of Sub- Inspectors of Police (Civil) from his initial date of appointment as RSI (APSP) Department and pass appropriate orders, within a period of six (6) weeks from the date of receipt of a copy of that order. Challenging the same, the respondents filed W.P.No.32040 of 2014 before the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh and by order, dated 09.07.2018, the said writ petition was dismissed. Against the said dismissal order, the respondents preferred Special Leave Petition (Civil) Diary No.11803 of 2 2019 before the Hon'ble Supreme Court of India and the same was dismissed on 08.07.2019. Hence, the order dated 12.08.2014 in O.A.No.4854 of 2014 passed by the Andhra Pradesh Administrative Tribunal has attained finality.

4. Learned Government Pleader submits that the order of the Tribunal has attained finality and the respondent authorities will definitely implement the order of the Tribunal provided a time scale is given.

5. Having regard to the submissions made by the learned Government Pleader, without going into the merits of the case, this Writ Petition is disposed of directing the respondents to implement the order of the Andhra Pradesh Administrative Tribunal, Hyderabad passed in O.A.No.4854 of 2014, dated 12.08.2014, within a period of three months from today provided the order has attained finality and no application is filed challenging the order as on today by any other party. There shall be no order as to costs.

Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.

__________________________________ JUSTICE C.PRAVEEN KUMAR ___________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date : 22.10.2019 pab 3 THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No.15224 of 2019 Date : 22.10.2019 Pab