Andhra Pradesh High Court - Amravati
Mallela Venkata Rama Sastry, 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.4624 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, to declare the action of the respondent is
not considering the case of the petitioner as per G.O.Ms.No.529, dt.
19.08.2008 for further promotion to the post of Superintendent is illegal,
arbitrary and violative of article 14 16 and 21 of the Constitution of India
and consequently direct the respondents to consider the case of the
petitioner for promotion to the post of Superintendent strictly in accordance
with the G.O.Ms.No.529, dt 19.08.2008 and pass such other order or orders
....."
2. Though the petitioner made several allegations against
the respondents, during hearing, Mr. I. Ravindra Babu, learned
counsel for the petitioner, requested this Court, without touching
the merits of the case, to issue a direction to respondent No.2 to
dispose of the representation, dated 11.02.2021, submitted by the
petitioner keeping in view G.O.Ms.No.529, General Administration
(Services-C) Department, dated 19.08.2008.
3. Learned Government Pleader for Services-II appearing
for the respondent No.1 as well as Sri D.Khasim Saheb, learned
Standing Counsel appearing for respondent No.2 readily agreed to
dispose of the representation of the petitioner, dated 11.02.2021, if
any, pending with the respondent authorities keeping in view
G.O.Ms.No.529, General Administration (Services-C) Department,
dated 19.08.2008.
4. In view of the submission of the learned Government
Pleader for Services-II and the learned counsel appearing for
respondent No.2, 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.2 to dispose of the representation, dated
11.02.2021, 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.2 to dispose of the representation submitted by the
petitioner dated 11.02.2021, keeping in view G.O.Ms.No.529
General Administration (Services-C) Department, dated
19.08.2008, 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.4624 OF 2021
Date : 25.02.2021
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