HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.9359 of 2021
ORDER:
With the consent of the learned counsel for the petitioner and the learned Government Pleader for Services-I, this matter is being disposed of at the stage of admission.
This writ petition is filed "to declare the action of the respondents in not considering the petitioner for selection for the post of STC PC (Mechanic) and STC PC (Driver) under non creamy layer category of BC-E in pursuance of the Recruitment Notification Rc.No.247/R & T/Rect.2/2016, dated 01.09.2016, issued by the 2nd respondent, basing upon the Memorandum issued by the 2nd respondent in Memorandum RC No.247/Rect./Rect.2/2016 dated 26.11.2016, as illegal and arbitrary.'' Case of the petitioner is that, he belongs to non creamy layer category of BC-E; pursuant to the Recruitment Notification dated 01.09.2016 for the post of STC PC (Mechanic) and STC PC (driver), he applied for the said post and qualified in the written test by obtaining 143 marks for PC (driver) and 125 marks for PC (mechanic); petitioner also qualified in the physical measurement test; as per the instructions of the 2nd respondent, he forwarded all the required certificates to him on 23.05.2017; after completing all formalities and after issuing the Memorandum dated 26.11.2016 that the petitioner has been qualified for both the posts, the 2nd respondent has not communicated any appointment letter; he made a representation on 24.12.2018 to the 2nd respondent requesting him to consider his case for the post of SCT PC (Mechanic) and SCT PC (driver); again he made another representation to the 2nd respondent on 17.03.2021, which was received by the 2nd respondent on 18.03.2021, but there was no response from the 2nd respondent. Hence, the writ petition.
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 petitioners dated 17.03.2021.
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 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 17.03.2021 submitted by the petitioner, 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 17.03.2021 of the petitioner, if it is available and not yet disposed of, strictly in accordance with law, as expeditiously as possible.
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: 06.05.2021 BSS 1 2019 (8) SCALE 544 HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.9359 of 2021 Date: 06.05.2021 BSS