Order Of Administrative Tribunal Not Amenable To Judicial Review U/Art 226 In Absence Of Jurisdictional Error/ Patent Perversity: Andhra Pradesh HC
The Andhra Pradesh High Court recently did not issue Writ of Certiorari in a writ petition which challenged the order of Andhra Pradesh Administrative Tribunal as there was neither jurisdiction error nor patent perversity."In the considered opinion of this Court, there is neither jurisdictional error nor there is any patent perversity in the order passed by the Tribunal which...
The Andhra Pradesh High Court recently did not issue Writ of Certiorari in a writ petition which challenged the order of Andhra Pradesh Administrative Tribunal as there was neither jurisdiction error nor patent perversity.
"In the considered opinion of this Court, there is neither jurisdictional error nor there is any patent perversity in the order passed by the Tribunal which warrant issuance of writ in the nature of Writ of Certiorari. Therefore, this Court is not inclined to meddle with the order passed by the Tribunal," Bench of Justice A.V.Sesha Sai and Justice Ravi Cheemalapati observed.
Brief Facts of the case
The petitioners herein were respondents before the Andhra Pradesh Administrative Tribunal.
The Respondent herein was initially appointed as watchman on contingent basis from 1990 in the office of the Executive Engineer. The Superintending Engineer requested the Engineer in Chief to send proposals to the Government for sanction of minimum time scale of pay plus DA to as many as 11 individuals including the Respondent herein. When authorities did not take action, the Respondent approached the Tribunal.
The Tribunal in its order directed the petitioners to sanction and release the minimum time scale of pay (Basic + DA) attached to the regular post born on the Last Grade Service, including increments as per revised pay scales and continue to pay till the applicant is in service. The Writ Petition was filed to call in question the validity and legal sustainability of the said order.
Issue of law
Whether the order passed by the Tribunal which is impugned in the Writ Petition warranted any interference of the Court under Article 226 of the Constitution of India?
Finding of the Court
The Bench held that a perusal of the order disclosed that the Tribunal after elaborately considering various issues including G.O.Ms passed by various entities passed the order. The Tribunal had also taken into consideration the judgments of the Apex Court for arriving at the conclusions.
In the considered opinion of this bench, there was neither jurisdiction error nor there was patent perversity in the order passed by the Tribunal which warranted issuance of writ in the nature of Writ of Certiorari.
Therefore, the court dismissed the Writ Petition.
Case Title: M/s. Indian Minerals and Granite Company Versus The State of Andhra Pradesh
Citation: 2022 LiveLaw (AP) 73