Andhra Pradesh Administrative Tribunal Rules of Practice, 1995

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Definitions

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

(b) "Rules" means the Andhra Pradesh Administrative Tribunal (Procedure) Rules. 1989 issued by the Central Government.

(c) "Original Application" means an application filed under Section 19 of the Act.

(d) "Miscellaneous Application" means an application filed in any original Application for grant of interim reliever for execution under Rule 37 or any such other order.

(e) "Registrar" means the Registrar of the Tribunal and includes the Deputy Registrar or any other officer authorised by the Chairman to exercise the powers of the Registrar.

3. An application for permission by more than one person to join in single original Application shall show that having regard to the cause of action and the nature of relief prayed for all the Applicants have a common interest, in the matter in dispute and single trial does not cause any inconvenience in the proceedings. It must also be shown whether the Applicants belongs to the same or different departments and whether they come from the same or different districts/zones/Multi zones.

(2) Where the Applicants are permitted to join in one Application by reason of common interest, only one set of application fee is payable. Where it is not possible to say that they have common interest, but they are, however, allowed to join in one Application as they belong to same Department, cadre and Unit and keeping in view the common interest and relief sought, each applicant has to pay separate Application Fee.

4. (1) An Association seeking permission under Rule 4(5) (b) of the Rules shall file a Miscellaneous Application accompanied by

(a) Authenticated copies of orders recognizing the Association; (if any)

(b) Authenticated copies of the by-laws of the Association;

(c) Authenticated copies of the resolution of the Association authorizing the Applicant to move the Original Application on behalf of the Association; and

(d) An authenticated list of the members of the Association.

2) The cause title in such a case should also show that the original Application is filled on behalf of the Association by the appropriate office bearer pursuant to the by-laws or resolution.

5. (1) One or more persons of a class or classes may, with the leave of the Tribunal, file an application on behalf of others of the same class or classes. Similarly an application may, with the leave of the Tribunal, be filed against one or more persons of a class or classes. The application for leave shall be accompanied by a brief notice indicating the filing of such application, the relief sought for therein and other particulars for approval of the Registry. The notices as approved shall be sent to the head of the department, zonal or other offices for exhibition on their notice boards. It shall also be published on the notice board of the Tribunal. Whoever wants to come on record to oppose an application in pursuance of such notification may obtain copies of the relevant documents from the Counsel for the applicant and apply for being impleaded.

(2) The Tribunal may on application or suo motu direct that the aforesaid procedure shall be followed in any case in which it considers appropriate.

(3) No such case shall be abandoned, withdrawn or compromised unless the Tribunal has given notice to persons who are interested in the manner specified in sub-rule (1). Where any person applying or defending in any such case does not proceed with the due diligence the Tribunal may substitute in his place any other person having the same interest in the case.

6. Every Original Application shall be accompanied by a separate Annexure in duplicate, printed, cyclostyled or typed giving the particulars of classification in the following proforma: OA.No._________________________20


Name of the post Civil post/post under local/other authority Department Code No. District Code No. Type of service State / Subordinate / Ministerial / Last Grade / Any other Service Cadre Dist. zone / Multi-zonal State Subject (if seniority. cadre of controversy) Relief Classification Single / Division / Full Bench
(1) (2) (3) (4) (5) (6) (7) (8) (9)

7. Every Original Application shall also be accompanied by the following declarations:

DECLARATIONS

(1) The Applicant hereby declares that he is a party to OA/RP/WP......... pending before this Tribunal or disposed of by this Tribunal/ erstwhile Tribunal/ High Court of Andhra Pradesh, in which the same issue or similar controversy is/has been raised.


The applicant is not aware that, he is not a Party to any OA/RP pending before this Tribunal or than any OA/RP/WP., has been disposed of by this Tribunal/ Erstwhile Tribunal/ High Court of Andhra Pradesh in which the same issue or similar controversy has been raised.

(2) The Applicant hereby further declares that persons likely to be affected are impleaded as Respondents in this Application/ not impleaded as Respondents in this Application for the following reasons:

Note: Any one Applicant authorised by the other Applicants may sign the declaration.

8. In additional to the extra copies for service on the Respondents as required by Rule-4(3) of the Rules, the Applicant shall file three more copies of the Application along with material papers in paper- book form duly indexed for the use of the Bench. The Application shall also be accompanied by an extra copy of complete cause title with particulars and relied portion for use of the Registry.

9. Copy of every Original Application or Miscellaneous Application or any other Application along the copies of the documents accompanying therewith before being presented in the Registry, shall be served on the Government Pleader or Standing Counsel concerned for Mandal and Zilla Praja Parishads, Municipal Corporations, Municipalities and other local authorities and the Application shall contain the endorsement of service signed by the Government Pleader or Standing Counsel concerned or the Superintendent of the Government Pleaders' Office or some one authorised in this behalf or by a registered Clerk of the Standing Counsel concerned as the case may be or by any other person so authorised by the Standing Counsel concerned under intimation to the Registry.

10. Every Original Application or Miscellaneous Application or other Application shall be accompanied by notice forms together with the envelops and acknowledgment forms in duplicate legibly filled up together with the process fee, in any, prescribed. The Advocate/ Party shall sign the forms in the left bottom corner to vouch safe the accuracy of the entries. The case number, the date of appearance and the date of process shall, however, be filled up by the Office.