Sanapala Umapathi vs The District Educational Officer
2021 Latest Caselaw 1124 AP

       THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                         WRIT PETITION NO.5665 OF 2020
ORDER:

This writ petition is filed under Article 226 of the Constitution

of India seeking the following relief:

"to issue Writ of Mandamus Writ of Mandamus declaring the inaction of the respondents herein in not promoting the petitioner in the upgraded post of School Assistant Telugu in the existing vacancy on par with his juniors as per the seniority list of Language Pandit Grade-II dated 28.10.2019 as illegal arbitrary and contrary to the law and consequentially this Hon'ble Court may be pleased to declare that the petitioner herein is entitle for promotion in the upgraded post of School Assistant Telugu on par with his juniors w.e.f 1.12.2019 with all consequential benefits"

Though the petitioner made several allegations against the

respondents, during hearing, learned counsel for the petitioner

requested this Court, without touching the merits of the case, to

issue a direction to the respondents to dispose of the representation

of the petitioner dated 17.02.2020.

Learned Assistant Government Pleader for Education readily

agreed to dispose of the representation of the petitioner dated

17.02.2020, if any pending with the authorities.

In view of the submission of the learned Assistant 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 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

2019 (8) SCALE 544 MSM,J WP_5665_2020

petitioner himself requested to issue a direction to dispose of the

representation of the petitioner dated 17.02.2020, I find no other

alternative except to issue such direction.

In the result, the writ petition is disposed of, directing the

respondents to dispose of the representation of the petitioner dated

17.02.2020, strictly in accordance with law, within four (04) weeks

from today. No costs.

Consequently miscellaneous petitions pending, if any, shall

also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:24.02.2021

SP