Administrative Court Order Not Reviewable U/Art 226 Absent Jurisdictional Error/Perversity of Patent: Andhra Pradesh HC

The Andhra Pradesh High Court recently failed to issue a writ of certiorari in a writ petition which challenged the order of the Andhra Pradesh Administrative Court as there was no jurisdictional error or manifest perversity.

In the considered opinion of this Court, there is neither jurisdictional error nor manifest perversity in the order made by the Tribunal which justifies the issuance of a writ in the nature of a writ of certiorari. Therefore, this Court is not inclined to interfere with the order made by the Tribunal,“Bench of Justice AVSesha Sai and Judge Ravi Cheemalapati observed.

Brief facts of the case

The claimants in this case were defendants in the Administrative Court of Andhra Pradesh.

The Respondent in this case was first appointed Custodian on a contingent basis from 1990 in the Office of the Executive Engineer. The Superintendent Engineer requested the Chief Engineer to send proposals to the Government for the sanctioning of a minimum wage scale plus DA to a maximum of 11 persons including the Respondent. When the authorities did nothing, the Respondent turned to the Tribunal.

The Tribunal, in its order, ordered the applicants to sanction and release the minimum salary scale (base + DA) attached to the regular position born on the last grade service, including increases according to the revised salary scales and to continue to pay until the applicant is in service. The motion in brief was filed to question the validity and legal durability of the said order.

Question of law

Did the order made by the Tribunal which is challenged in the Petition in Brief justify interference by the Court under Section 226 of the Constitution of India?

Finding of the Court

The bench held that a reading of the order revealed that the court, after thoroughly considering various issues, including the GOMs adopted by various entities, had adopted the order. The Tribunal had also considered the judgments of the Supreme Court in reaching its conclusions.

In the considered opinion of this Panel, there was neither jurisdictional error nor manifest perversity in the order made by the Tribunal which justified the issuance of a writ in the nature of a writ of certiorari.

Therefore, the court dismissed the motion in writ.

Case title: Ms. Indian Minerals and Granite Company v State of Andhra Pradesh

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