Prl Secy, School Edn Dept, Hyd, Telangana And 2 Others vs. Kokkulawar Pandari, Adilabad Dist And Another
Facts
The Government of Telangana, along with the Director of School Education and the District Educational Officer, Adilabad, filed a writ petition challenging an order dated December 23, 2013, passed by the Andhra Pradesh Administrative Tribunal. The Tribunal's order directed the petitioners to relieve the first respondent, Kokkulawar Pandari, a teacher, from their previous station. This was to enable the respondent to join a new station pursuant to transfer orders issued on May 15, 2013. The writ petition was filed in 2014. The High Court noted that the matter pertained to a transfer and that due to the efflux of time, the cause in the writ petition no longer survived for adjudication.
Held
The High Court held that the writ petition had become infructuous. The Court observed that the matter concerned a transfer, and due to the efflux of time since the Andhra Pradesh Administrative Tribunal's order dated December 23, 2013, the cause in the writ petition no longer survived for adjudication. Consequently, the Court dismissed the writ petition as infructuous. No costs were awarded. The Court also noted that any pending miscellaneous applications in the writ petition would stand closed.
Key Issues
1. Whether the writ petition challenging the order of the Andhra Pradesh Administrative Tribunal dated December 23, 2013, has become infructuous due to the efflux of time, considering the matter pertains to a transfer. The petitioners argued that the writ petition was filed to challenge the Tribunal's order directing the relief of the first respondent for joining a transferred post. However, due to the passage of time since the order was passed and the nature of the dispute being a transfer, the cause of action for the writ petition no longer subsisted. The respondents did not record any specific arguments in the judgment provided. The judgment focuses on the court's observation regarding the efflux of time and the nature of the dispute.
AI-generated summary — verify with the full judgment below
[ 3313 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Juri iction) WEDNE AY, THE FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE PULLA KARTHIK Between:
The Government of Telangana, rep by its Principal Secretary, School Education Department, Secretariat, Hyderabad.
The Director of School Education, Government of Telangana, Lakidakapool, Hyderabad.
The District Educational Officer, Adilabad, Adilabad District. .,.PETITIONERS AND 1. Kokkulawar Pandari, S/o. Madav, SGT Teacher, O/o MPUPS Ranavelly, Kontala Mandal, Adilabad District.
The Andhra Pradesh Administrative Tribunal, Rep. by its Registrar, Purani Haveli, Hyderabad. ..,RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstaqces stated in the affidavit filed therewith, the High Court may be pleased to\ssue a Writ order or direction more particularly one in the nature of "Writ of Cdrtiorari" calling for records related to orders of the Hon'ble A.P. Administrative Tribunal, Hyderabad dated: 23-12-2013 in O.A. No.B991/2013 and quash or set aside the same. Counsel for t
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