HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL NO. 246 OF 2011 Between: R.D. Asheerwadam S/o R. Manikyam ………….Appellant AND The Vice Chairman and Managing Director, Sports Authority of A.P. and one another ………….Respondents JUDGMENT: (Per Hon'ble Sri Justice Ghulam Mohammed) Writ Petitioner in W.P.No. 25407 of 2003 preferred this appeal aggrieved by the order passed by a learned Single Judge in the said writ petition dismissing the same. The writ petitioner was appointed as a Stenographer in the Sports Authority of Andhra Pradesh, Hyderabad on 6.11.1979. On the ground that he fell ill, he applied for sick leave from 2.9.1997 to 30.11.1997. Without considering the same, the Managing Director has passed orders on 18.11.1997 terminating the services of the petitioner with immediate effect duly paying three months emoluments in lieu of the notice period. The writ petitioner preferred an appeal there against to the State Government. On the ground that the said appeal was not disposed of, he moved W.P.No. 26305 of 2001, which was disposed of by this Court on 27.12.2001 directing the State Government to deal with the appeal and dispose of within three months. Instead of deciding the appeal, a crossed cheque for an amount of Rs. 11,107/- was sent to the petitioner on 26.4.2003 in lieu of the notice period. Therefore, he again moved W.P.No. 14245 of 2003. That writ petition was decided by this Court on 29.8.2003 directing the State Government to consider and dispose of the appeal preferred by the petitioner-appellant on merits within a period of four weeks. In pursuance thereof, the State Government passed orders on 11.09.2003 rejecting the same as the post of Stenographer stood abolished in the meantime as per the orders passed by the State Government in G.O.Ms.No. 563 Finance Department dated 2.5.2002. Serious allegations have been thrown against the writ petitioner-appellant, in that he was a habitual absconder from duties and he has also misappropriated the money taken by him towards grant and hence, in accordance with Rule 24 (2) of the Service Rules of the Sports Authority of Andhra Pradesh, his services came to be terminated. It is also now brought out that the post of UD stenographer has been abolished by the State Government vide the order passed in G.O.Ms.No. 563 Finance Department dated 2.5.2002, therefore, by the time the appeal came to be taken up for consideration, the post of UD Steno was not available at all in the cadre of the Sports Authority of Andhra Pradesh. Rule 24, which dealt with the issue of termination of services, enables the services to be terminated by giving notice of three months or by way of payment of emoluments for three months in lieu of such notice. Exercising this power, the services of the petitioner appellant have been dispensed with. The learned Single Judge has noticed that after abolition of posts of UD Stenographer, there is no way, the appeal of the writ petitioner/appellant could have been decided in his favour by the second respondent State Government. Further there is no challenge made to the validity of Rule 24 framed by the Sports Authority of Andhra Pradesh. The discretion that vested with the learned Single Judge has been properly exercised in this matter. A Stenographer who has to carryout the secretarial assistance, were to stay away from performing his duties for months together and that too repeatedly, there is no way that he can be permitted to continue in service. Therefore, we do not find any justification to admit this Writ Appeal and hence, it is dismissed at the admission stage. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J ________________________________ NOOTY RAMAMOHANA RAO, J DATE: 29.11.2011 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.