Abdul Malik vs The State Of Ap
2021 Latest Caselaw 1072 AP

       THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                         WRIT PETITION NO.4394 OF 2021
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

not promoting the petitioner to the superintendent post, though

qualified in departmental test as per university guidelines, is illegal,

arbitrary and principles of natural justice and pass such other order

or orders."

2. Though the petitioner made several allegations against the

respondents, during hearing, learned counsel for the petitioner Sri

Naram Nageswara Rao 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 dated 02.06.2020.

3. Learned Government Pleader for Education appearing for

respondents readily agreed to dispose of the representation of the

petitioner dated 02.06.2020, if any, pending with the respondent

authorities.

4. In view of the submission of the learned Government Pleader

for Education, 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

2019 (8) SCALE 544

the petitioner himself requested to issue a direction to dispose of the

representation dated 02.06.2020 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 dated 02.06.02020, in accordance with law, within four (4)

weeks from today. No costs.

The miscellaneous applications pending, if any, shall also

stand closed.

__________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date:23.02.2021

IS

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.4394 OF 2021

Date: 23-02-2021

IS