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2021 Supreme(AP) 159
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Arup Kumar Goswami, C.Praveen Kumar, JJ.
Gudapati Lakshmi Narayana, S/o. Vishnuvardhana Rao – Petitioner
Versus
Union of India, Represented by its Joint Secretary, Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions, North Block, Central Secretariat, New Delhi & another - Respondents
Writ Petition (PIL) No. 146 of 2020
Decided On : 30-03-2021
advocate Appeared:
For the Petitioner: Ms. S. Pranathi
For the Respondent: Mr. N.Harinath, Assistant Solicitor General, Mr. Kasa Jagan Mohan Reddy for G.P. for GAD
Point of Law: without making the suitable adjustment/transfer of the employees of the Andhra Pradesh Administrative Tribunal to the Hon’ble High Court and without taking a decision on the transfer of cases pending before the Andhra Pradesh Administrative Tribunal as on the date of its abolition to the Hon’ble High Court as illegal, arbitrary and in violation of Article 14 of the Constitution of India
Headnote:
Constitution of India, 1950 - Article 14 - Transfer of employees - Records relating to cases pending - Issue writ order or direction more particularly one in nature of writ mandamus by declaring action of respondents in manner in which Andhra Pradesh Administrative Tribunal was abolished vide Notification issued by respondent which was republished by respondent vide Abstract in General Administration SPF&MC Department its amendment notification issued by respondent which was republished by respondent vide Abstract General Administration (SPF&MC) Department without making suitable adjustment transfer employees of Andhra Pradesh Administrative Tribunal to Honble High Court and without taking decision on transfer of cases pending before Andhra Pradesh Administrative Tribunal as on date of its abolition to Honble High Court as illegal arbitrary and in violation of Article Constitution of India –
Finding of the Court:
Counsel for petitioner submits that in view above development no further orders are required in Public Interest Litigation – Special Government Pleader appearing for respondent submits that creation of supernumerary posts for employees who were deputed to work in High Court is pending consideration with Government - Taking into consideration over all circumstances of case and as records are already transferred to this Court no further orders are necessary and accordingly stands closed - No costs - Consequently miscellaneous petitions pending if any shall stand closed –
Result: Order accordingly
ORDER :
C.Praveen Kumar, J.
1. This Public Interest Litigation came to be filed seeking the following relief :
“…to issue a writ, order or direction more particularly one in the nature of writ of mandamus by declaring the action of the respondents in the manner in which the Andhra Pradesh Administrative Tribunal was abolished vide Notification dated 14.01.2020 issued by the 1strespondent, which was republished by the 2nd respondent vide Abstract in G.O.Ms.No.7 General Administration (SPF&MC) Department dated 20.01.2020 and its amendment notification dated 27.02.2020 issued by the 1st respondent, which was republished by the 2ndrespondent vide Abstract in G.O.Ms.No.24 General Administration (SPF&MC) Department dated 09.03.2020, without making the suitable adjustment/transfer of the employees of the Andhra Pradesh Administrative Tribunal to the Hon’ble High Court and without taking a decision on the transfer of cases pending before the Andhra Pradesh Administrative Tribunal as on the date of its abolition to the Hon’ble High Court as illegal, arbitrary and in violation of Article 14 of the Constitution of India….”
2. When the matter is taken up for hearing, it is brought to the notice of the Court that staff of the erstwhile Andhra Pradesh Administrative Tribunal are deputed to work in the High Court of Andhra Pradesh and the records relating to cases pending before the Tribunal are already transferred to the High Court.
3. Ms. S. Pranathi, learned counsel for the petitioner, submits that in view of the above development no further orders are required in the Public Interest Litigation.
4. Mr. Kasa Jagan Mohan Reddy, learned Special Government Pleader appearing for the 2nd respondent, submits that creation of supernumerary posts for the employees who were deputed to work in the High Court is pending consideration with the Government.
5. Taking into consideration the over all circumstances of the case and as the records are already transferred to this Court, no further orders are necessary and accordingly W.P. (PIL) stands closed. No costs.
Consequently, miscellaneous petitions pending, if any, shall stand closed.
