Puliseru Saraiah, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 1079 AP

      THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                      WRIT PETITION NO.3674 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 inaction of the respondents in not

promoting the petitioner from the cadre of Senior Executive Director to the

cadre of General Manager in the light of the eligibility and seniority of the

petitioner, in addition to G.O.Ms.No.175, dated 27.11.2017 issued by the

General Administration (Services.A) Department, Government of Andhra

Pradesh as the same is illegal, null and void as against to the principles of

natural justice apart from right to live guaranteed in the fundamental

rights under the Articles 14, 16 and 21 of the Constitution of India and

consequently direct the respondents to give promotion, forthwith and

continue the petitioner in the office of APSCCFC Limited, Tadepalli,

Guntur instead of posting the petitioner as Executive Director in Guntur

District and pass such other or orders ...."

2. Though the petitioner made several allegations against the

respondents, during hearing, learned counsel for the petitioner Sri

Budugu Srilatha requested this Court without touching the merits

of the case, to issue a direction to the respondents to dispose of the

representations submitted by the petitioner dated 09.12.2019,

26.12.2019 and 08.01.2021.

3. Learned Government Pleader for Services-III appearing for

respondents readily agreed to dispose of the representations of the

petitioner dated 09.12.2019, 26.12.2019 and 08.01.2021, if any,

pending with the respondent authorities.

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

for Services-III, 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 dispose of the

representations dated 09.12.2019, 26.12.2019 and 08.01.2021

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 09.12.2019, 26.12.2019 and 08.01.2021 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

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.3674 OF 2021

Date: 23-02-2021

IS