HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.28829 of 2022
ORDER :
This petition is filed under Article 226 of the Constitution of India for the following relief:-
"...to issue Writ order or orders specially one in the nature of Writ of Mandamus declaring the inaction of the respondents in considering petitioner candidature for promotion to the post of Junior Assistant from the feeder category of Record Assistant even though the petitioner is fully eligible and having requisite qualification as per rules to hold the post of Junior Assistant under the control of the 5th respondent management schools, as arbitrary, illegal and violative of fundamental right guaranteed under Article 14 and 16 of the Constitution of India and consider the case of petitioner for promotion from the date of his eligibility or from the date of availability of vacancy under the control of the 5th respondent management Schools with all consequential benefits notional seniority and other monetary benefits duly consider the representations dated 21062022 in the interest of justice and pass such other order or orders......."
2. Though the petitioner made several allegations against the respondents, during hearing, Mr. G. Raju, learned counsel for the petitioner, requested this Court, without touching the merits of the case, to issue a direction to the respondent authority concerned to dispose of the representation, dated 21.06.2022 submitted by the petitioner. 2
3. Learned Government Pleader for School Education appearing for the respondents readily agreed to dispose of the representation of the petitioner, dated 21.06.2022, if any, pending with the respondent authorities.
4. In view of the submission of the learned Government Pleader, 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 the respondent authority concerned to dispose of the representation, dated 21.06.2022, 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 respondent authority concerned to dispose of the representation submitted by the petitioner dated 21.06.2022, in 1 2019 (8) SCALE 544 3 accordance with law, within a period of six (06) weeks from today. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
______________________________ DR. K. MANMADHA RAO, J.
Date : 16-09-2022 Gvl 4 HON'BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION No.28829 OF 2022 Date : 16-09-2022 Gvl