Citation : 2021 Latest Caselaw 1145 AP
Judgement Date : 25 February, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.16632 OF 2019
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 nature of Writ of mandamus declaring the inaction on the part of the respondent No.3 in considering representation of the petitioner dated 24.09.2019 to review and refix my seniority as per G.O.Ms.No.5 dated 14.02.2003 and refix seniority as on or for the year, 2003 and give him promotion from that year under ST Category in Zone-III accordingly/consequently place him in the seniority list of Grade-I, Sub Registrar State vide panel and effect the notional promotion as arbitrary, illegal, contrary to the settled legal position, apart from being voilative of fundamental rights guaranteed to the petitioner under Article 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.3 and 4 to consider the representation dated 24.09.2019."
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 24.09.2019.
Learned Government Pleader for Services - I readily agreed to
dispose of the representation of the petitioner dated 24.09.2019, if
any pending with the authorities.
In view of the submission of the learned Government Pleader
for Services - I, 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
2019 (8) SCALE 544 MSM,J WP_16632_2019
service to the cause of justice. As the learned counsel for the
petitioner himself requested to issue a direction to dispose of the
representation dated 24.09.2019, 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
24.09.2019, in accordance with law, within four (4) weeks from
today. No costs.
The miscellaneous petitions pending, if any, shall also stand
closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 25.02.2021 Ksp
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