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KVL, J
WP No.8295 of 2021
HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.8295 of 2021
ORDER:
This writ petition is filed "to declare the action of the 2nd respondent in not considering the representation dated 21.11.2020 for absorbing the petitioner into service of the Andhra Pradesh Vaidya Vidhana Parishad (APVVP), as illegal and arbitrary."
Case of the petitioner is that, he is working as Senior Assistant in Community Health Center (CHC), Kankipadu, Krishna District; Community Health Centers are under the control of APVVP; while so, the 2nd respondent issued a paper notification dated 18.10.2019 calling for options from the ministerial staff working in the CHCs for absorption of their services into APVVP; petitioner opted to absorb his services into APVVP; the 3rd respondent furnished 'No Objection certificate" vide proceedings dated 12.09.2020 for absorption of certain ministerial staff into APVVP and in the said proceedings, the name of the petitioner was shown at Sl.No.3; the 2nd respondent issued a final allocation list of Senior Assistants vide proceedings dated 05.11.2020, wherein the name of the petitioner was not included; on enquiry, he came to know that the 4th respondent informed that the charges are pending against the petitioner vide G.O.Rt.No.66, HM & FW (VC-I) Department dated 30.01.2020; basing on the same, the 2nd respondent has not considered absorption of the petitioner into APVVP; petitioner submitted a detailed representation dated 21.11.2020 to the 2nd respondent requesting to consider his case for absorption, despite the same, the 2nd respondent has not taken any action till date; petitioner also furnished his explanation to the charges, but there is no further progress in the disciplinary proceedings; he is entitled to be considered for absorption notwithstanding pending disciplinary proceedings; the Government 2 KVL, J WP No.8295 of 2021 notified the policy vide G.O.Ms.No.679 GAD dated 01.11.2008 stating that in normal cases the enquiry should be completed within a period of three months and if serious allegations are there, it should be completed within a period of six months; the delay in conclusion of the disciplinary proceedings cannot attributable to the petitioner; hence, the present writ petition is filed by the petitioner seeking a direction to the 2nd respondent to consider his case for absorption into APVVP without referring the disciplinary proceedings pending against the petitioner.
Even though the name of the learned standing counsel for APVVP is printed in the cause list, none appears for APVVP.
Even though various contentions have been raised by the learned counsel for the petitioner, after arguing for some time, he requested this Court to issue a direction to the 2nd respondent to dispose of the representation of the petitioner dated 21.11.2020, strictly in accordance with law.
This Court is conscious that no such direction be issued in view of the judgment of the Apex Court in 'The Government of India vs. P.Venkatesh1', wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions, but they do no service to the cause of justice. However, as the learned counsel for the petitioner himself requested to issue a direction to dispose of the representation dated 21.11.2020, I find no other alternative except to issue such a direction.
In view of the same, the 2nd respondent is directed to dispose of the representation dated 21.11.2020 of the petitioner, strictly in accordance with law.
1 2019(8) SCALE 544 3 KVL, J WP No.8295 of 2021 The writ petition is, accordingly, disposed of. No order as to costs. Miscellaneous petitions, if any, pending in the writ petition shall stand closed.
__________________________ KONGARA VIJAYA LAKSHMI, J Date: 19.04.2021 BSS 4 KVL, J WP No.8295 of 2021 HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No.8295 of 2021 16 Date: 19.04.2021 BSS