A SATYANARAYANA RAO Vs. KRISHNA KANTH

JUDGEMENT

(1.) The matter has come up for orders on the objection raised by the Registry as to the maintainability of the writ petition, filed against the Governor of Andhra Pradesh, by name. Sri Naga Seshaiah, learned Government Pleader was requested to assist the Court. He accordingly appeared and contended that the writ petition is not maintainable on two grounds, namely, (1) the writ petition filed against the Governor of a State by name is not maintainable under Article 361 of the Constitution of India; and (2) the writ petition also is not maintainable in this Court as it pertains to the service matter of the petitioner, and is barred by the provisions of the Administrative Tribunals Act, 1985.

(2.) The petitioner served as a Veterinary Asst. Surgeon in the A.P. Animal husbandry Department, Govt. of Andhra Pradesh. The sole respondent in the writ petition is, Sri Krishna Kanth, Governor of Andhra Pradesh. The petitioner prays for issuing a Writ of Mandamus directing the respondent to pay compensation of Rs.1 Crore. As an interim relief the petitioner sought a direction for payment of Rs. One Lakh. The petitioner alleged that he was victimised by the order in G.O.Ms.No.728, Food and Agriculture, dt.24-10-1991 issued "by the Order and in the name of the Governor of Andhra Pradesh". The petitioner further submits that he was entitled to proper fixation of pay and payment of arrears from 1-4-1970.

(3.) As observed earlier, the petitioner seeks a relief connected with his service in the Government of Andhra Pradesh as Veterinary Asst. Surgeon. He questions the Government Order issued in the name of the Governor of Andhra Pradesh. Any claim against the Governor of Andhra Pradesh, whether in the capacity of a Governor or in his individual name,is barred under Article 361 of the Constitution of India, which reads as follows: