THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.2263 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-
"....to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents particularly 3rd and 4th respondents in not considering the representation dated 21.12.2020 submitted by the petitioner contrary to the G.O.Ms.No.9 dated 08.02.2010 without following the procedure that the P.G. Degree holders are not applicable to the training officers, non-engineering graduates given promotions, which is illegal and unconstitutional by the 3rd and 4th respondents and consequently direct the respondents not to proceed for promotion to the post of training officer without finalising the respondents promotion as illegal arbitrary violate the Article 14, 16 and 21 of the Constitution of India and pass such other order."
2. It is the case of petitioner that the petitioner was initially appointed as Assistant Training Officer on 15.04.1994, subsequently promoted as Deputy Training Officer on 31.10.2002 and further promoted as Training Officer on 15.05.2012 and possessed all the requisite qualifications as per rules. The post of Principal is governed by A.P. State Technical Educational Service Rules. At present, the petitioner is retired from service on 30.04.2020 while the above promotions have not been implemented i.e., non-engineering graduates. On coming to know about the same, the petitioner made a representation on 21.12.2020 as per the amended rules. The main contention of the petitioner is that the petitioner is eligible for promotion as Principal as per rules and the Government Order has no application to this petitioner. However, the petitioner made a representation to the respondents on 21.12.2020, but no action was taken on the representation submitted by the petitioner and 2 requested to issue a direction to the respondents to dispose of the representation dated 21.12.2020 submitted by the petitioner in accordance with law.
3. Learned Government Pleader for Services-III appearing for respondents readily accepted to dispose of the representation dated 21.12.2020 submitted by the petitioner, if any, pending with the respondent-authorities.
4. In view of the learned Government Pleader for Services-III, I need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in "The Government of India v. 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 not service to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the representation dated 21.12.2020 submitted by the petitioner, I find no other alternative, except to issue such direction.
5. In the result, the Writ Petition is disposed of, directing the respondent authorities to dispose of the representation submitted by the petitioner dated 21.12.2020, in accordance with law, within four (04) weeks from today. No costs.
As a sequel miscellaneous application, pending, if any, shall also stand closed.
__________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 01.02.2021 IS 1 2019 (8) SCALE 544 3 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.2263 OF 2021 Date: 01.02.2021 IS