MOHAMMAD AZMAT ALI Vs. DIRECTOR OF INTERMEDIATE

JUDGEMENT

(1.) THE following issues, framed by a learned Division Bench comprising two of us (VVSR & RR JJ), were referred to this Full Bench for consideration and decision:

(2.) THE reference arose in the context of the writ appeal on hand filed against the order dated 29.01.2010 passed by a learned single Judge dismissing Writ Petition No.25221 of 2009 as not maintainable.

(3.) THE present writ appeal was filed contending that the decision of a learned Division Bench of this Court in GOVERNMENT OF A.P. v. P.SULOCHANAMMA 2010 (2) ALD 174 (DB), holding the Act of 1985 inapplicable to a contract employee of the Government, barring the appellant/writ petitioner from approaching the Andhra Pradesh Administrative Tribunal would require reconsideration. When the matter was listed on 04.08.2010, the learned Division Bench took note of certain observations made in P.SULOCHANAMMA in the context of Rule 9 of the Andhra Pradesh State and Subordinate Service Rules, 1996 and having regard to the observations made by the Supreme Court in STATE OF KARNATAKA v. AMEERBI (2007) 11 SCC 681 opined that the matter required reconsideration. In consequence, the reference, framing the two questions detailed supra for consideration and decision.