THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.4480 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, order or direction more
particularly one in the nature of Writ of Mandamus declaring the
endorsement vide Memo No.560/JL/2018, dated 04.02.2021 issued
by the 5th respondent rejecting the case of the petitioner even
though he is eligible as per recommendations of the Governmental Level Committee headed by the respondents 1 to 4 is being illegal, arbitrary, unreasonable, without jurisdiction, violative of Articles 14 and 16 of Constitution of India, contrary to Rules 2(19) of A.P.State and Subordinate Service Rules and G.O.Ms.No.74, Youth, Advancement, Tourism and Culture (Sports) Dept., dated 09.08.2012 and set aside the same and consequently direct the selection committee i.e., respondents 1 to 5 herein to consider and select the petitioner forthwith for the post of Junior Lecturer pursuant to the notification No.22/2018 dated 28.12.2018 issued by the respondent No.5 and pass....."
2. Though the petitioner made several allegations against the respondents, during hearing, Sri Rambabu Koppineedi, 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 10.2.2021 keeping in view G.O.Ms.No.74, Youth Advancement, Tourism & Culture (Sports) Department, dated 9.8.2012.
3. Learned Government Pleader for Services-I appearing for respondent Nos.1 to 3 and Sri Addanki Rama Chandra Murthy, learned Standing Counsel appearing for respondent No.5, readily agreed to dispose of the representation of the petitioner, dated 2 10.2.2021, if any, pending with the respondent authorities keeping in view G.O.Ms.No.74, dated 9.8.2012.
4. In view of the submission of the learned Government Pleader for Services-I and the learned Standing Counsel, 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 10.2.2021, 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 the respondents to dispose of the representation submitted by the petitioner on 10.2.2021 strictly adhering to G.O.Ms.No.74, Youth Advancement, Tourism & Culture (Sports) Department, dated 9.8.2012, 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 28 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.4480 OF 2021 Date : 1.3.2021 AMD