Citation : 2021 Latest Caselaw 1152 AP
Judgement Date : 25 February, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.3345 OF 2019
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"to issue an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in not considering the representation made by the petitioner dated 24.09.2018 for payment of arrears arising on account of the implementation of PRC 1993 and 1998 in pursuance of the Judgment in W.P.28722/2010 dated 2.09.2011 which was confirmed in W.A.No.841 and 842/2011 dated 24.12.2013 as arbitrary, illegal, in violation of Article 14 of the Constitution of India and consequently direct the Respondents to consider the case of the petitioner for payment of arrears of PRC 1993 and 1998 and pay the same for the period he worked in the 2nd Respondent corporation."
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 24.09.2018.
Learned Assistant Government Pleader for Social Welfare
Department readily agreed to dispose of the representation of the
petitioner dated 24.09.2018, if any pending with the authorities.
In view of the submission of the learned Government Pleader
for Social Welfare Department, 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 service to the cause of justice. As the learned
counsel for the petitioner himself requested to issue a direction to
2019 (8) SCALE 544 MSM,J WP_3345_2019
dispose of the representation dated 24.09.2018, 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
24.09.2018, 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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