THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.33268 OF 2022
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 in not releasing the pensionary benefits to the petitioner by counting the deputed services of the petitioner from the date of 25.11.1987 to 30.04.1994 i.e till his absorption in to the 5th respondent institution as illegal, arbitrary and contrary to law and also violation of articles 14, 16 and 21 of constitution of India and consequently direct the respondents to release the pension and other retiremental benefits to the petitioner by counting the deputed services of the petitioner from the date of 25.11.1987 to 30.04.1994 i.e till his absorption in to the 5 th respondent institution and pass such other orders...."
2. Though the petitioner made several allegations against the respondents, during the course of hearing learned counsel for the petitioner requested this Court to issue a direction to the respondents to dispose of the representation dated 09.04.2022 submitted by the petitioner, without touching the merits of the case.
3. Learned counsel for the Government Pleader for Higher Education for the respondents readily agreed to dispose of the representation dated 09.04.2022 submitted by the petitioner, if any pending with the respondent authorities. 2
4. In view of the submission of learned Government Pleader appearing for respondents, I need not decide the truth or otherwise of the allegations made in the petition.
5. 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 be passed for a quick or easy disposal of cases in overburdened adjudicatory institutions but, they do not serve to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the representation dated 09.04.2022 submitted by the petitioner, I find no other alternative except to issue such direction.
6. In the result, Writ Petition is disposed of, while directing the 1st respondent to dispose of representation dated 09.04.2022 submitted by the petitioner in accordance with law, within eight (08) weeks from the date of receipt of a copy of this order. No costs.
As a sequel, miscellaneous applications pending, if any, shall also stand closed.
___________________________ DR.K. MANMADHA RAO, J Date: 13.10.2022 KK 1 2019 (8) SCALE 544 3 THE HON'BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION No.33268 OF 2022 Date: 13.10.2022 KK