Andhra Pradesh High Court - Amravati
Gundu Penchalaiah vs The State Of Andhra Pradesh on 25 February, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.4630 OF 2021
ORDER:-
This writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"......pleased to issue a writ, order or direction, more particularly one
in the nature of writ of Mandamus, declaring the action of respondents in
not considering petitioners repeated representations dated 27.06.2020,
09.12.2020 and 12.02.2021 submitted for transferring him to the existing
post kept vacant at Tirupathi S.V.Medical College and SVRR Hospital,
Tirupathi and also to pay salaries from the date of reporting at 4th
respondents office since 27.06.2020 to till date and also Proceedings in
Rc.No.1094/C2/2019 dated 11.01.2021 issued by the 4th respondent as
illegal, irregular, unjust, arbitrary, violative of principles of natural justice
contrary to settled principles of service jurisprudence and offends Articles 14
and 21 of Constitution of India and consequently direct the respondents 2 to
4 to transfer petitioner to the existing post kept vacant at Tirupathi
S.V.Medical College and SVRR Hospital, Tirupathi by paying salaries from
the date of reporting at 4th respondent's office since 27.06.2020 to till date
and pass such other order or orders ....."
2. Though the petitioner made several allegations against
the respondents, during hearing, Mr. Siva Sankar Rao Borra,
learned counsel for the petitioner, requested this Court, without
touching the merits of the case, to issue a direction to respondent
No.4 to dispose of the representations, dated 27.06.2020,
09.12.2020 and 12.02.2021, submitted by the petitioner.
3. Learned Government Pleader for Services-III appearing
for the respondents readily agreed to dispose of the representations
of the petitioner, dated 27.06.2020, 09.12.2020 and 12.02.2021, 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 respondent No.4 to dispose of the representations,
dated 27.06.2020, 09.12.2020 and 12.02.2021, 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
respondent No.4 to dispose of the representation submitted by the
petitioner dated 27.06.2020, 09.12.2020 and 12.02.2021, in
accordance with law, within a period of four (4) weeks from today.
There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition
shall stand closed.
_________________________________________
JUSTICE M.SATYANARAYANA MURTHY
Date : 25-02-2021
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2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.4630 OF 2021
Date : 25.02.2021
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