LAWS(APH)-2016-6-41

T. SOMAIAH Vs. STATE OF TELANGANA

Decided On June 30, 2016
T. Somaiah Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) The applicant in O.A. No. 160 of 2016 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short the Tribunal) filed this Writ Petition feeling aggrieved by denial of interim relief to him pending the said O.A.

(2.) Mr. P. Giri Krishna, learned counsel for the petitioner, submitted that respondent No.1 had no legislative competence to insert Note No.2 to Rule-3 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Service Rules, 2002 (Telangana Adaptation) Order, 2016 as any addition to the Rules, other than adoption of the existing Rules, could be done by the plenary legislation and not through the delegated legislation. He has placed before us the interlocutory order passed by a Division Bench of this Court in Writ Petition No.937 of 2016 and PIL (SR).No.2029 of 2016 in support of the above-noted legal proposition.

(3.) At this stage, we do not propose to examine the request of the petitioner for grant of interim relief for the reason that all his pleas for granting such relief ought to be considered by the Tribunal by passing a speaking order.