Andhra Pradesh High Court - Amravati
Smt D Eswaramma 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.4353 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 respondents in
not considering the claim of the petitioner for promotion from the
Cadre of MPHA (F) to MPHS (F) in Anantapur District is illegal,
arbitrary, unjust, improper and contrary to A.P.State and Sub-
Ordinate Service Rules and also in violation of fundamental rights
guaranteed under Article 14, 16 and 21 of the Constitution of India
and consequently, direct the respondents to consider the case of the
petitioner for promotion from the Cadre MPHA (F) to MPHS (F) in
Anantapur District on spouse ground as her husband is working as
Assistant in the office of the Assistant Commissioner (ST) Circle-I,
Anantapur without reference to the earlier relinquishment given by
the petitioner and to 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.G.V.L.Murthy, requested this Court without touching
the merits of the case, to issue a direction to the respondents to
dispose of the representations dated 12.11.2020 and 23.11.2020
submitted by the petitioner.
3. Learned Assistant Government Pleader for Services-III
appearing for respondents readily agreed to dispose of the
representations dated 12.11.2020 and 23.11.2020 submitted by the
petitioner, if any pending with the respondent authorities.
4. In view of the submission of learned Assistant Government
Pleader for Services-III 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 representations dated 12.11.2020
and 23.11.2020 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 representations dated
12.11.2020 and 23.11.2020 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: 25.02.2021
IS
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.4353 OF 2021
Date: 25-02-2021
IS
