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SUMMER VACATION – Andhra Pradesh Administrative Tribunal, Hyderabad – Constitution of Vacation Benches for Summer Vacation, 2017 – Notification – Issued.  Judicial Notification No.3/2017 is Published  
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PROCEDURES RULES 1989
(1)These rules may be called the Andhra Pradesh Administrative Tribunal (Procedure) Rules.1989.

(ii)They shall come into force on the date of their publication In the Official Gazette.


In these rules, unless the context otherwise requires.

(a)"Act" means the Administrative Tribunals Act. 1985 [13 of 1985);

(b)"agent" means a person duly authorised by a party to present an application or a written reply on Its behalf before the Tribunal;

(c)"applicant" means a person making an application to the Tribunal under 'Section 19;

(d)"Form" means a form specified in Appendix A;

{e)"Legal Practitioner" shall have the same meaning as Is assigne0d it In the Advocates Act, 1961 (25 of 1961);

(f)"Legal representative" means a person who in law represents the estate of t (g)"Registrar" means in relation to the Tribunal, the Registrar appointed to the Principal Bench and in relation to each of the other Benches of he Tribunal shall mean the Registrar appointed to the particular Bench nd include any officer to whom the powers and functions of the Registrar may be delegated under clauses (2) and (3) of Rules 28;

(h)"Registry" means the Registry of the Tribunal or of the Bench of the Tribunal as the case may be;

(i)"Section" means a section of the Act;

(])"Transferred application" means the suit or other proceeding which has been transferred to the Tribunal under sub-section (1) or subsection (2) of Section 29.

(k)"Tribunal" means the Andhra Pradesh Administrative Tribunal established under sub-section (2) of Section 4 of the Act; (1) the words and expressions used and not defined in these rules but defined in the Act shall have the same meaning respectively assigned to them In the Act.


The language of the Tribunal shall be English:

Provided that the parties to a proceeding before the Tribunal may file documents drawn up in Telugu,if they so desire:

Provided further that

The Bench may in its discretion permit the use of Telugu in the proceedings.However,the final order shall be in English.

The Bench,hearing the matter,may in its discretion,direct English translation of pleadings and documents to be filed.


(1)An application to the Tribunal shall be presented in Form I by the applicant in person or by an agent or by a duly authorised legal practitioner to the Registrar or any other officer authorised in writing by the Registrar to receive the same or be sent by registered post with acknowledgment due addressed to the Registrar of the Bench concerned.

(2)The application under sub-rule (1) shall be presented in triplicate in paper-book form along with one unused file size envelope bearing full address of the respondent.

(3)Where the number of respondents is more than one, as many extra copies of the application in the paper-book form as there are respondents together with unused file size envelope bearing the full address of each respondent shall be furnished by the applicant:

Provided that where the number of respondents is more than five,the Registrar may permit the applicant to file the extra copies of the application at the time of issue of notice to the respondents.

(4)The applicant may attach to and present with his application a receipt slip in Form II which shall be signed by the Registrar or the Officer receiving the application on behalf of the Registrar in acknowledgment of the receipt of the application.

(5)(a)Notwithstanding anything contained in sub-rules (1) to (3), the Tribunal may permit more than one person to join together and file a single application if it is satisfied, having regard to the cause of action and the nature of relief prayed for, that they have a common interest in the matter.

(b)Such permission may also be granted to an association representing the persons desirous of joining in a single application provided, however, that the application shall disclose the class/grade/categories of person; i on whose behalf it has been filed.
(1)The Registrar or the officer authorised by him under Rule 4, shall endorse on every application the date on which it is presented or deemed to have been presented under the rule and shall sign the endorsement.

(a)If,on scrutiny,the application is found to be in order, it shall be duly registered and given a serial number.

(b)If the application, on scrutiny, is found to be defective and the defect noticed is formal in nature,the Registrar may allow the party to rectify the same in his presence, and if the said defect is not formal in nature, the Registrar may allow the applicant such time to rectify the defect as he may deem fit.

If the applicant fails to rectify the defect within the time allowed under sub-rule (3).The Registrar may, by order and for reasons to be recorded in writing, decline to register the application and inform the applicantaccordingly.

An appeal against the order passed under sub-rule (4) may be preferred by the person aggrieved within fifteen days from the date of such order to the Chairman in the case of Principal Bench and to the Vice-Chairman concerned, in the case of any other Bench and such appeal may be dealt with and disposed of in Chamber by the Chairman or the Vice-Chairman concerned or in their absence .any Member authorised by the Chairman by special or general order,whose decision thereon shall be final.


The application shall ordinarily be filed by the applicant with the Registrar of the Bench within whose jurisdiction:

(i)the application is posted for the time being,or

(ii)the cause of action has arisen,or

(iii)the respondent or any of the respondents against whom relief is sought, ordinarily resides:

Provided that the application may be filed with the Registrar of the Principal Bench and, subject to Section 25 of the Act, such application may be transmitted to be heard and disposed of by the Bench which has jurisdiction over the matter.
Every application filed with the Registrar shall be accompanied by a fee of rupees fifty to be remitted either in the form of crossed demand draft on a nationalized bank in favour of the Registrar of the concerned Bench and payable at the main Branch of that bank at the station where the seat of the said Bench is situate, or remitted through a crossed Indian Postal Order drawn in favour of the Registrar of the concerned Bench and payable at the post office of the station where the said Bench is situate.

Provided that where the Tribunal permits a single application to be filed, either by more than one person or by an Association, the fee payable shall be rupees fifty:

Provided further that where the Tribunal is satisfied that an applicant is unable to pay the prescribed fee on ground of indigence, It may exempt such an applicant from the payment of fee.


(1)Every application filed under Rule 4 shall set forth concisely under distinct heads the grounds for such application. Such grounds shall be numbered consecutively. Every application, including anymiscellaneous application shall be typed on double space on one side on thick paper of good quality.

(2)It shall not be necessary to present a separate application to seek an interim order or direction if in original application the same is prayed for.


(1)Every application shall be accompanied by a paper-book containing:

(i)an attested true copy of the order against which he application is filed;

(ii)copies of the documents relied upon by the applicant and referred to in the application;

(iii)as index of the documents.

(2)The documents referred to in sub-rule (1) may be attested by a legal practitioner or by a gazetted officer and each document shall be marked serially as Annexure A-1, A-2, A-3 and so on.

(3)Where an application is filed by an agent, documents authorising him to act as such, agent shall also be appended to the application:

Provided that where an application is filed by a legal practitioner,it shall be accompanied by a duly executed 'Vakalatnama',


An application shall be based upon a single cause of action and may seek one or more reliefs provided that they are consequential to one another.


(1)Any notice or process to be issued by the Tribunal may be served by any of the following modes directed by the Tribunal:

(i)service by the party himself; (ii)by hand delivery (Dasti) through a process server ; (iii)by registered post with acknowledgment due ; or (iv)through the head of the department concerned by any one of the above mooles; (2)Where notice issued by the Tribunal is served by the party himself by 'hand delivery (Dasti), he shall file with the Registry of the Tribunal, the acknowledgment, together with an affidavit of service.

(3)Notwithstanding anything contained in sub-rule (1) the Tribunal may, taking into account the number of respondents and their place of residence or work and other circumstances, direct that notice of the application shall be served upon the respondents in any other manner, including any manner of substituted service, as it appears to the Tribunal just and convenient.

(4)Notwithstanding anything done under sub-rule (1), the Tribunal may in its discretion, having regard to the nature and urgency of the case, direct the service of the notice on the Standing Counsels appointed as such by the State Government or any Department of the State Government.

(5)Every notice issued by the Tribunal shall, unless otherwise ordered, be accompanied by a copy of the application along with a copy of the paper book.

(6)Every applicant shall pay a fee for the service or execution of processes,in respect of an application where the number of respondents exceeds five,as under:

(i)a sum of rupees five for each respondent in excess of five respondents;

or (ii)where the service is in such a manner as the Tribunal may direct or under sub-rule (3) such a sum, not exceeding the actual charges incurred in effecting the service, as may be determined by the Tribunal.

(7)The fee for the service or execution of processes under sub- rule (3) shall be remitted in the manner prescribed in Rule 7 within one week of the date of the order determining the fee or within such extended time as the Registrar may permit.

(8)Notwithstanding anything contained in sub-rules (1) to (4), if the Tribunal is satisfied that it is not reasonably practicable to serve notice of application upon all the respondents, it may. for reasons to be recorded in writing, direct that the application shall be heard notwithstanding that some of the respondents have not been served with notice of the application; Provided that no application shall be heard unless,

(i)notice of the application has been served on the Central Government or the State Government, if such Government is a respondent:

(ii)notice of the application has been served on the authority which passed the order against which the application has been filed; and

(iii)the Tribunal is satisfied that the interests of the respondents on whom notice of the application has not been served are adequately and sufficiently represented by the respondents on whom notice of theapplication has been served.


(1) Each respondent intending to contest the application, shall file in triplicate the reply to the application and the documents relied upon in paper book form with the Registry within one month of the service of notice of the application on him.

In the reply filed under sub-rule (1), the respondent shall specifically admit, deny or explain the facts stated by the applicant in his application and may also state such additional facts as may be found necessary for the just decision of the case.It shall be signed and verified as a written statement by the respondent or any other person duly authorised by him in writing in the same manner provided for in Order VI, Rule 15 of the Code of Civil Procedure, 1908 (5 of 1908).

The documents referred to in sub-rule (2) shall also be filed along with the reply and the same shall be marked as R-l, R-3 and so on.

The respondent shall also serve a copy of the reply along with documents as mentioned in sub-rule (1) on the applicant or his legal practitioner, if any,and file proof of such service in the Registry.

(5) The Tribunal may allow filing of the reply after the expiry of the prescribed period.


The Tribunal shall notify to the parties the date and the place of hearing of the application in such manner as the Chairman may by general or special order direct.


The Tribunal shall ordinarily hold its sittings at Hyderabad.

Provided that the Benches of the Tribunal shall be in such places as the State Government may, by notification,specify.

Provided that if at any time, the Chairman of the Tribunal is satisfied that circumstances exist which render it necessary to have sittings of the said Bench at any place falling within its territorial jurisdiction, other than the place or places at which it ordinarily sits, the Chairman may direct that the Bench shall hold itssittings at any such appropriate place for such period as may be specified.


A Full Bench shall be a Bench of any number not less than three of the members and the following matters may be heard and determined by a Full Bench, namely:

(1)matters involving the interpretation of any of the provisions of the Andhra Pradesh Public Employment (Organisation of Local Cadres and Regulations of Direct Recruitment) Order, 1975 or any order made thereunder;

(ii)all matters arising out of the integration of any services of the State consequent on the provisions of the States Re-organisation Act. 1956 (37 of 1956);

(iii)any other matter which is assigned to, or referred to it:Provided that in such case or cases where the Chairman, having regard to the nature of the questions involved is of the opinion that it requires; to be decided by a Full Bench of more than 2 Members, he may do so by general or special orders,as he may deem fit.


(1)Each Bench shall draw up a calendar for the hearing of transferred cases and, as far as possible, hear and decide the cases according to the calendar.

(2)Every application shall be heard and decided, as far as possible, within six months from the date of its registration.

(3)The Tribunal shall have the power to decline an adjournment and also to limit the time for oral arguments.


(1)Where on the datefixed for hearing of the application or on any other date to which, such hearing may be adjourned, the applicant does not appear when the application is called for hearing, the Tribunal may, in Its discretion, either dismiss the application for default or hear and decide it on merit.

(2)Where an application has been dismissed for default and the applicant files an application within thirty days from the date of dismissal and satisfies the Tribunal that there was sufficient cause for his non-appearance when the application was called for hearing,the Tribunal shall make an order setting aside the order dismissing the application and restore the same.

Provided,however,where the case was disposed of on merits the decision
(1)Where on the date fixed for hearing the application or on any other date to which such hearing may be adjourned, the applicant appears and the respondent does not appear when the application Is called for hearing, the Tribunal may, In its discretion, adjourn the hearing or hear and decide the application ex-parte.

(2)Where an application has been heard ex-parte against a respondent or respondents such respondent or respondents, may apply to the Tribunal for an order to set it aside and If such respondent or respondents, satisfy the Tribunal! that the notice was not duly served, or that he or they were prevented by any sufficient cause from appearing when the application was called for hearing the Tribunal may make an order setting aside the ex-parte hearing as against him or them upon such terms as it thinks fit,and shall appoint a day for proceeding with the application.

Provided that: where the ex-parte hearing of the application Is of such a nature that it cannot be set aside as against one respondent only it may be set aside as against all or any of the other respondents also.

Provided further that in cases covered by sub-rule (8) of Rule 11, the Tribunal shall not set aside ex-parte hearing an application merely on the ground that it was not served upon a respondent or respondents.


No application for review shall be entertained unless it is filed within thirty days from the date of the order of which the review Is sought.


(1)In the case of death of a party during the pendency of the proceedings before the Tribunal, the legalrepresentatives of the deceased party may apply within thirty days of the date of such death for being brought on record as necessary parties.

(2)Where no application is received from the legal representatives within the period specified in sub-rule (1), the proceedings against the deceased party shall abate:

Provided that on good and sufficient reasons the Tribunal, on an application,may set aside the order of abatement and substitute the legal representatives.


The Tribunal may if sufficient cause is shown at any stage of proceedings grant time to the parties or any of them, and adjourn the hearing of the application. The Tribunal may make such order as it thinks fitwith respect to the costs occasioned by the adjournment.


(i)Every order of the Tribunal shall be in writing and shall be signed by the Member or Members constituting the Bench, which pronounced the order.

(ii)The orders shall be pronounced in open court.


Any order of the Tribunal deemed fit for publication in any authoritative report or the press may be released for such publication on such terms and conditions as the Chairman or the Vice Chairman concerned may specify by general or special order.


(1)Every interim order granting or refusing or modifying interim relief and final order passed on any application shall be communicated to the applicant and to the respondent concerned either by hand delivery or by registered post free of cost.

(2)If the applicant or the respondent to any proceeding requires a copy of any document or proceeding the same shall be supplied to him on such terms and conditions on payment of such fees as may be fixed by the Chairman by general or special order.


(1) The parties to any case or their counsel may be allowed to inspect the record of the case on making an application in writing to the Registrar.

(2) Subject to such terms and conditions as may be prescribed by the Chairman by a general or special order a person who is not a party to the proceeding, may also be allowed to inspect the proceedings after obtaining the permission of the Registrar in writing.


The Tribunal may make such orders or give such directions as may be necessary or expedient to give effect to its orders or to prevent abuse of its process or to secure the ends of justice.


DOWNLOADABLE FORMS:

Except on Sundays and other public holidays,the office of the Tribunal shall, subject to any order made by theChairman, remain open from 10-30 A.M. to 5 P.M.


The sitting hours of the Tribunal (including a vacation Bench) shall ordinarily be from 10.30 a.m. to 1.30 p.m. and 2.15p.m. to 4.30 p.m. subject to any general or special order made by the Chairman, or by Vice-Chairman concerned with the prior approval of the Chairman.


(1)The Registrar shall have the custody of the records of the Tribunal and shall exercise such other functions as are assigned to him under these rules or by the Chairman or the Vice-Chairman of the Bench concerned by separate order.

(i)The Registrar may, with the approval of the Chairman or of the Vice-Chairman of the Bench concerned delegate to the Deputy Registrar any function or power required by these rules to be performed or exercised by the Registrar.

(ii)In the absence of the Registrar, the Deputy Registrar may exercise all the powers and functions of the Registrar.20.The official seal shall be kept in the custody of the Registrar.

(iii)Subject to any general or special direction by the Chairman, and the Seal of the Tribunal shall not be affixed to any order, summons or other process save under the authority in writing of the Registrar or the Deputy Registrar.

(iv)The seal of the Tribunal shall not be affixed to any certified copy issued by the Tribunal save under the authority in writing of the Registrar or the Deputy Registrar.


The official seal and emblem of the Tribunal shall be such as the State Government may specify.


The dress for the members of the Tribunal(including Chairman and Vice-Chairman) and Members of the staff of the Tribunal shall be such as the Chairman may specify.


A legal practitioner or, as the case may be, a presenting officer shall appear before the Tribunal In his professional dress, If any and if there is no such dress:

(1)if a male, In a closed collared coat and trousers or in a lounge suit;

(ii)If a female, in a saree or any other custody dress of a sober colour.


FORM-I
(See Rule 4)
Application under Section 19 of the Administrative Tribunals Act,1985
Title of the Case:
INDEX
------------------------------------------------------------------------------------------- SI. Description of documents Page No. No. relied upon ------------------------------------------------------------------------------------------- 1. Application 2. 3. 4. 5. 6. -------------------------------------------------------------------------------------------

Signature of the applicant For use in Tribunal'sOffice Date of filing or Date of Receipt by post Registration No. Signature for Registrar

IN THE ANDHRA PRADESH ADMINISTRATIVE TRIBUNAL----BENCH Between A B Applicant and C D Respondent Details of Application:
1.Particulars of the applicant:
(i) Name of the applicant: (a) Name of the Father/Husband (iii) Age of the applicant (iv) Designation and particulars of office (name and station) in which employed/or was last employed before ceasing to be in service. (v] Office Address (vi) Address for service of notices

2.Particulars of the respondent:
(t) Name of the respondent: (ii)Name of the Father/Husband (iii)Age of the respondent (iv)Designation and particulars of office (name and station) in which employed. (v)Office Address (vi)Address for service of notices

3.Particulars of the order against which application is made.
The application against the following order: (1)Order No. with reference to Annexure (ii)Date (iii) Passed by (Iv)Subject in brief

4.Jurisdiction of the Tribunal: The applicant declares that the subject matter of the order against which he wants redressal is within the jurisdiction of the Tribunal.

5.Limitation: The applicant further declares that the application is within the limitation prescribed In Section 21 of the Administrative Tribunals Act,1985.

6.Facts of the case:
The facts of the case are given below: (Give here a concise statement of facts in a chronological order, each paragraph containing as nearly as possible a separate issue, fact or otherwise).

7.Details of the remedies exhausted: The applicant declares that he has availed of all the remedies available to him under the relevant service rules,etc. (Give here chronologically the details of representations made and the outcome of such representation with reference to the Annexures numbers).

8.Matters not previously filed or pending with any other Court. The applicant further declares that he had not previously filed any application, writ petition or suit regarding the matter in respect of which this application has been made, before any court of law or any other authority or any other Bench of the Tribunal and nor any such application, writ petition or suit is pending before any of them.In case the applicant had previously filed any application, writ petition or suit, the stage at which it is pending and If decided the gist of the decision should be given with reference to the Annexure.

9.Reliefs) sought. In view of the facts mentioned in Para 6 above the applicant prays for the following reliefs):
(Specify below the reliefs) sought explaining the ground for relief(s) and the legal provisions (if any) relied upon).

10.Interim order, if any prayed for: Pending final decision on the application,the applicant seeks Issue of the following interim order:
(Give here the nature of the interim order prayed for with reasons)
(b)In the event of application being sent by Registered Post, it may be stated whether the applicant desires to have oral hearing at the admission stage and if so he shall attach a self-addressed Post Card/Inland Letter at which intimation regarding the date of hearing could be sent to him.
(c)Particulars of Banks Draft/Postal Order in respect of the Application Fee:
Name of the Bank on which drawn
Demand Draft No.
Or (i)Number of Indian Postal Order(s)
(ii)Name of the issuing Post Office
(iii)Date of Issue of Postal Order(s)
(iv)Post Office at which payable.
13.List of enclosures.
1.
2.
3.
4.
VERIFICATION

1.................. (Name of the applicant) S/o.D/o.W/o.................. age............
working as....................... In the Office of....................... resident of....................... do
hereby verify that the contents of paras...................... to...................... are true to my
personal knowledge and para...................... to...................... believed to be true on
legal advice and that I have not suppressed any materials fact.

Signature of the Applicant
Date:
Place:
To
The Registrar,
Andhra Pradesh Administrative Tribunal,
Hyderabad.

FORM - II
See Rule 4(4)
Receipt Slip
Receipt of the application filed in the Central Administrative Tribunal Bench by
Shri/Kum/Smt...................... working as...................... in
the Ministry/Department/Office of...................... residing at...................... Is hereby
acknowledged.

for Registrar
Andhra Pradesh Administrative Tribunal Date:
Seal:



NOTIFICATION
Jurisdiction of Single Member Bench
(Judicial Notifcation No.2/92)

Roc. No. 66/92:In exercise of the powers conferred by sub-section (6) of section 5 of the Administration Tribunals Act, 1985, and in super session of the Judicial Notification No.5/91, dated 27-12-1991 and the Judicial Notification No. 1/92, dated 28-2-1992,

I,Sri Justice Upendralal Waghray, Chairman, Andhra Pradesh Administrative Tribunal, Hyderabad, hereby authorise a Member of Andhra Pradesh Administrative Tribunal to function as a Bench consisting of Single Member and to exercise the jurisdiction, powers and authority of the tribunal in respect of the following class of cases:

(1)Admission and final hearing including grant of interim relief in:
(a)cases relating to change of date of birth while in service;
(b)Cases relating to entry(ies) in character rolls made otherwise than as a measure of penalty under the Andhra Pradesh Civil Services (Classification. Control and Appeal) Rules,1991;
(c)cases relating to allotment of, and eviction from Government accommodation;
(d)cases relating to fixation of pay;
(e)cases relating to claims of medical reimbursement.leave,joining time,LTC and overtime;
(f)cases relating to crossing of efficiency bar;
(g)cases relating to grant of family pension;
(h)cases relating to grant or refusal to grant advances/loans;
(i)cases relating to stagnation increment(s);
(j)cases relating to refusal to grant or recovery of allowances;
(k)cases relating to payment of interest on pensionary benefits;
(l)applications for review or contempt arising out of an order of a Single Member;
(m)superannuation;
(n)pay and scale of pay applicable to an individual;
(o)payment of arrears of salary or recovery;
(p)transfer other than zonal transfer.
(2)The Single Member,before whom any such case is posted may admit,hear and dispose of the matter finally. He may also grant any relief. He may direct, at any Stage, that any case may be posted before a Bench consisting of two Members. If any party so requests, the Single Member shall refer the matter to a Bench of two Members.
(3)This shall come into force with immediate effect.

          
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SUMMER VACATION – Andhra Pradesh Administrative Tribunal, Hyderabad – Constitution of Vacation Benches for Summer Vacation, 2017 – Notification – Issued. Judicial Notification No.3/2017 is Published
 

 




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