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1986 Supreme(AP) 40

B.P.JEEVAN REDDY
M. V. Subbanna – Appellant
Versus
Superintendent of Police, Nellore Dist at Nellore – Respondent


B. P. JEEVAN REDDY, J.

( 1 ) IN the recent years, this Court is being flooded with writ petitions relating to the conditions of service of the state Government employees notwithstanding the constitution of a special and exclusive Tribunal to adjudicate upon the same. Under Art 371-D of the Constitution and the Presidential Order issued thereunder, the Andhra Pradesh Administrative tribunal has been constituted, to the exclusion of the High Court, to adjudicate upon the service conditions of the employees of the State Government.

( 2 ) THE constitutionality of Art. 371-D has been questioned both in supreme Court and this Court, but, for reasons not relevant here, the issue has remained undecided.

( 3 ) THE petitioners approaching this Court, ignoring the Tribunal, assign the following reasons for not going to tribunal and for approaching this Court: (a) the Tribunal has no power to pass exparte interim orders; it has necessarily to give a week notice to the concerned authority before passing interim orders; meanwhile the impugned order is implemented and it is argued that since the order is already implemented, no interim order can by passed; the petitioner thus suffers, in msnv case








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