Tadepalli Anuradha vs The State Of Ap,
2021 Latest Caselaw 1188 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                    WRIT PETITION NO.4767 OF 2021

ORDER:

This writ petition is filed under Article 226 of the Constitution

of India seeking the following relief:-

"......to issue a writ of Mandamus, declaring the action of the respondent in

not giving preferential category points to the petitioner in the transfer

counselling conducted on 14.01.2021 as per the transfer guidelines issued

in condition No.10(C)(i) of G.O.Ms.No.54, dated 12.10.2020 and transfer

and post the petitioner in Z.P.H. School Kambadur, Anantapuramu district

vide proceedings in Rc.No.SPL/2822/2020, dated 14.01.2021 of the th 4 respondent, as being arbitrary, illegal, unjust and violative of the Articles

14 and 16 of the Constitution of India and set aside the same and

consequently direct the respondents to consider the case of the petitioner

for transfer and post in any one of the existing or available vacancies

nearby Anantapur town in Anantapuram District for the post of School

Assistant (Biological Science) in terms of transfer guidelines issued in

condition No.10(C)(i) of the G.O.Ms.No.54, dated 12.10.2020 and pass

such other order."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri G.Srinivasula Reddy, learned

counsel for the petitioner limited his request to dispose of the appeal

pending before the respondents 2 and 3 keeping in view the

guidelines in Condition No.10(C)(i) of G.O.Ms.No.54, dated

12.10.2020, without touching the merits of the case.

3. Learned Government Pleader for Services-III appearing for the

respondents readily agreed to dispose of the appeal , if any, pending

with the respondent-authorities.

4. Recording the submissions made by 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 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 dispose of the

appeal pending before the respondents 2 and 3, I find no other

alternative, except to issue such direction.

5. In the result, the Writ Petition is disposed of, directing the

respondent authorities to dispose of the appeal pending before the

respondents 2 and 3, keeping in view the guidelines in Condition

No.10(C)(i) of G.O.Ms.No.54, dated 12.10.2020 subject to compliance

of other conditions, in accordance with law, within a month from

today. No costs.

As a sequel miscellaneous application, pending, if any, shall

also stand closed.

__________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 26.02.2021

IS

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.4767 OF 2021

Date: 26.02.2021

IS