THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.300 OF 2021
ORDER:-
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"......pleased to issue a writ or order or direction, more
particularly one in nature of WRIT OF MANDAMUS, declaring the
high handed action of the respondents in placing the petitioner
at Serial No.62 in the provisional seniority list prepared by 2nd respondent on 20.02.2019, and juniors were placed above to him is arbitrary, bad and illegal, contrary to law, contrary to the A.P. State Subordinate Service Rules. Consequently, direct the respondents to place the petitioner's name at serial No.13, and serial No.14 is junior to the petitioner, by following common seniority list, and promote the petitioner to the post of Asst.Director of Town Planning as and when promotions are taken place in the interest of justice...."
2. Though the petitioner made several allegations against the respondents, during hearing, Sri Kuriti Bhaskara Rao, learned counsel for the petitioner, requested this Court, without touching the merits of the case, to issue a direction to the respondents to dispose of the representation submitted by the petitioner on 28.10.2019.
3. Learned Government Pleader for Services-II appearing for the respondents readily agreed to dispose of the representation of the petitioner dated 28.10.2019, if any, pending with the respondent authorities.
4. In view of the submission of the learned Government Pleader for Services-II, 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 2 in the case of 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 no 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 28.10.2019, 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 respondents to dispose of the representation submitted by the petitioner on 28.10.2019, in accordance with law, within a period of one month from today. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
_________________________________________ JUSTICE M.SATYANARAYANA MURTHY Date : 6.1.2021 AMD 1 2019 (8) SCALE 544 3 11 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.300 OF 2021 Date : 06.01.2021 AMD