SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2000 Supreme(AP) 445

Andhra Pradesh High Court
Judges : J.CHELAMESWAR
M.Sridhar Reddy - Appellant
Versus
Hyderabad Metropolitan Water Supply and Sewerage Board - Respondent
Decided On : 06-30-00

Headnote:

Constitution of India - Article 141 - Hyderabad Metropolitan Water Supply and Sewerage Act, 1989 - Section 113 (1) - Health Department - Vacate interim orders - Two writ petitions listed are before me along with three interlocutory applications seeking to implead the applicants as party-respondents in the writ petitions, and further to vacate the interim orders granted in the above writ petitions - Held, In Courts view, create any right in favour of the petitioners herein nor would this Court be justified or pay disobedience to the mandate of Article 141 of the Constitution which, proclaims that the law declared by Supreme Court shall be binding on all the Courts within the territory of India - For the above reasons the preliminary objections raised by the implead petitioners is upheld and in view of the law declared by the Supreme Court in case, the writ petitioners ought to have approached the A. P. Administrative Tribunal, In view of the fact that they have not approached the administrative Tribunal at the first instance, the writ petitions filed before this court are not maintainable - Petition dismissed

J. CHALAMESWAR, J.

( 1 ) ). THESE two writ petitions listed are before me along with three interlocutory applications seeking to implead the applicants as party-respondents in the writ petitions, and further to vacate the interim orders granted on 9-5-2000 in the above writ petitions. In fact both the writ petitions were admitted and interim directions were granted by the learned single Judge of this court on the said date.

( 2 ) ). The facts leading to the present litigation are as follows: the writ petitioners in both the writ petitions are working as Managers (Engineering) in the respondent hyderabad Metropolitan Water supply and Sewerage Board, (for short "the Board") which was constituted under the Hyderabad Metropolitan water Supply and Sewerage Act, 1989, (for short "the Act"), which came into force in the month of July 1989.

( 3 ) THE petitioners in the first Writ petition No. 8411 of 2000 were directly recruited by the said Board and the petitioners in the second Writ Petition no. 8412 of 2000 were the employees of the andhra Pradesh Public Health Department, whose services were transferred to the respondent-Board by virtue of operation of section 113 (1) of the abovementioned Act, 1989.

( 4 ) W. P. M. P. NOS. 12009,12199 and 12342 of 2000 in Writ Petition No. 8412 of 2000, and W. P. M. P. NOS. 12200,12029 and 12306 of 2000 in W. P. No. 8411 of 2000 are filed by various persons who are also working with the respondent-Board, who at an earlier point of time were recruited in the services of Andhra Pradesh Public Health department at various levels and whose services were being utilized by the respondent-Board and subject to an option being exercised by each one of those petitioners and the same being accepted by the Board, are required under Sec. 113 (2) of the Act to be absorbed into the services of the respondent-Board, though there is some dispute about the fact and the legal requirements as to the finality of such absorption.

( 5 ) WHATEVER be the status of the petitioners and the implead petitioners, the fact remains that all of them as on to-day are working in the first respondent-Board in the same rank as Managers. It appears that the respondent-Board is likely to make promotions from amongst various parties before the Court to certain number of posts designated as Deputy General Managers. Apprehending that the claims of the writ petitioners who are directly recruited by the board are likely to be overlooked and preference is likely to be given to some of the implead petitioners, these writ petitions are filed with a prayer as follows:"for the reasons stated in the accompanying affidavit it is prayed that this Hon ble Court may be pleased to issue a writ, order or direction, declaring the action of the 1st respondent in not filling up the post of Deputy General Manager (Engineering) by promoting the petitioners and permitting the posts to be filled up by Deputy Executive engineers working in the A. P. Public health and Municipal Engineering services as arbitrary, illegal, unjust, contrary to law and teeth of Sec. 113 of the Hyderabad Metropolitan Water supply and Sewerage Act, 1989 and contrary to regulations 8,19 and 22 of the Hyderabad Water Works and sewerage Board and issue consequential directions to consider the petitioners for promotion to the post of Deputy General Manager (Engineering) and to pass such other order or orders as the Hon ble Court deems fit and proper in the circumstances of the case".

( 6 ) THE matters were admitted as already mentioned above on 9-5-2000 and interim directions were granted by the learned single Judge of this Court directing the respondents not to fill up the posts of deputy General Manager (Engineering), upon which implead petitioners approached this Court by way of above mentioned implead petitions and also with a prayer to vacate the interim directions granted earlier.

( 7 ) W. P. M. P. NO. 13110 of 2000 in W. P. No. 8411 of 2000 and W. P. M. P. No. 13111 of 2000 in W. P

























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top