THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.5028 OF 2021
ORDER:-
This writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"......to issue appropriate Writ, Order or direction more
particularly WRIT OF MANDAMUS declaring the action of the
Respondents 2 and 3 in not proceeding with the notification
No.1/NHM/2020 dt.01.10.2020 and keeping the post of Programme Officer, ITDA (PTG CHENCHU), Srisailam in vacant is illegal, arbitrary, unconstitutional and consequently direct the Respondents 2 and 3 to proceed with the notification No.1/NHM/2020 dt.01.10.2020 and fill the post of Programme Officer, ITDA (PTG CHENCHU), Srisailam by duly considering the qualifications and representations of the Petitioner and recommendations made by the other officials and pass....."
2. Though the petitioner made several allegations against the respondents, during hearing, Sri G.Ramachandra Reddy, learned counsel for the petitioner, requested this Court, without touching the merits of the case, to issue a direction to respondent Nos.2 and 3 to dispose of the representation submitted by the petitioner on 6.1.2021 keeping in view the recommendations, dated 18.1.2021, forwarded by the Director of Tribal Welfare, Vijayawada to respondent No.3.
3. Learned Government Pleader for Services-II appearing for the respondents readily agreed to dispose of the representation of the petitioner, dated 6.1.2021, if any, pending with the respondent authorities keeping in view the recommendations, dated 18.1.2021, forwarded by the Director of Tribal Welfare, Vijayawada to respondent No.3.
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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 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 6.1.2021, 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 respondent Nos.2 and 3 to dispose of the representation submitted by the petitioner on 6.1.2021 keeping in view the recommendations, dated 18.1.2021, forwarded by the Director of Tribal Welfare, Vijayawada to respondent No.3, within a period of four (4) weeks 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 : 1.3.2021 AMD 1 2019 (8) SCALE 544 3 30 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.5028 OF 2021 Date : 1.3.2021 AMD