Citation : 2021 Latest Caselaw 1127 AP
Judgement Date : 24 February, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.4533 OF 2021
ORDER:
This 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 2nd and 3rd respondents in not considering the representation dated 14.09.2020 seeking revise of seniority list for the post of Senior Assistant in 3rd respondent Corporation is illegal, irregular, arbitrary and violative of Articles 14 and 21 of Constitution of India and consequently direct the 2nd respondent not to effect further promotions to the cadre of Assistant Manager without considering my representation dated 14.09.2020 seeking revise of seniority in seniority list for the post of Senior Assistant in 3rd respondent Corporation and pass such other order or orders".
2. Though the petitioner made several allegations against the
respondents, during the course of hearing learned counsel for the
petitioner Mr.V.Siva Prasad Reddy, requested this Court without
touching the merits of the case, to issue a direction to the
respondents to dispose of the representation dated 14.09.2020
submitted by the petitioner.
3. Learned Assistant Government Pleader for Services-II appearing
for respondents readily agreed to dispose of the representation dated
14.09.2020 submitted by the petitioner, if any pending with the
respondent authorities.
4. In view of the submission of learned Assistant Government
Pleader for Services-II 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
make 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 14.09.2020
submitted by the petitioner, I find no other alternative except to issue
such direction.
6. In the result, Writ Petition is disposed of, directing the
respondent authorities to dispose of representation dated 14.09.2020
submitted by the petitioner, in accordance with law, within four (4)
weeks from today. No costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 24.02.2021
IS
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.4533 OF 2021
Date: 24-02-2021
IS
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