THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.28359 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 implementing the transfer and posting orders of the petitioner issued by the District Educational Officer, East Godavari in RC.No.SPL/2814/2020, dated 14.01.2020 for his transfer to ZPHS, Nandigama padu of Yetapaka Mandal the then East Godavari District, inspite of the orders issued by the DEO, in Rc.No.ESEO2- 13021/12/2021-EST 3-CSB-1 dt 12.11.2021 and the orders issued by the RJD, School Education, Kakinada, in Rc.No.928/A5/2022 dt. 10.07.2022 as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and consequently declare that the petitioner is entitled to continue as School Assistant (Physical Sciences) at ZPHS, Nandigamapadu of Yetapaka Mandal presently ASR District till he completes minimum period of 5 years in the interests of justice 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 4 to 7 to dispose of the representations dated 10.03.2022, 13.05.2022 and 04.08.2022 submitted by the petitioner, pursuant to the proceedings of the 2nd respondent vide Rc.No.ESE02-13021/12/2021-EST 3-CSE-1, dated 12.11.2021 2 and proceedings of the 3rd respondent vide Rc.No.928/A5/2022, dated 20.07.2022, without touching the merits of the case.
3. Learned counsel for the Government Pleader for Services-III readily agreed to dispose of the representations dated 10.03.2022, 13.05.2022 and 04.08.2022 submitted by the petitioner, if any pending with the respondent authorities.
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 10.03.2022 submitted by the petitioner, I find no other alternative except to issue such direction.
6. In the result, Writ Petition is disposed of with the consent of both the counsel, while directing the respondents 4 to 7 to dispose 1 2019 (8) SCALE 544 3 of representations dated 10.03.2022, 13.05.2022 and 04.08.2022 pursuant to the proceedings of the 2nd respondent vide Rc.No.ESE02-13021/12/2021-EST 3-CSE-1, dated 12.11.2021 and proceedings of the 3rd respondent vide Rc.No.928/A5/2022, dated 20.07.2022, within fifteen (15) days 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: 06.09.2022 KK 4 THE HON'BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION No.28359 OF 2022 Date: 06.09.2022 KK