Andhra Pradesh High Court - Amravati
Order vs Unknown on 1 February, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.2263 OF 2021
ORDER:
This writ 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 the respondents particularly
3rd and 4th respondents in not considering the representation dated
21.12.2020 submitted by the petitioner contrary to the G.O.Ms.No.9 dated
08.02.2010 without following the procedure that the P.G. Degree holders are
not applicable to the training officers, non-engineering graduates given
promotions, which is illegal and unconstitutional by the 3rd and 4th
respondents and consequently direct the respondents not to proceed for
promotion to the post of training officer without finalising the respondents
promotion as illegal arbitrary violate the Article 14, 16 and 21 of the
Constitution of India and pass such other order."
2. It is the case of petitioner that the petitioner was initially
appointed as Assistant Training Officer on 15.04.1994, subsequently
promoted as Deputy Training Officer on 31.10.2002 and further
promoted as Training Officer on 15.05.2012 and possessed all the
requisite qualifications as per rules. The post of Principal is governed
by A.P. State Technical Educational Service Rules. At present, the
petitioner is retired from service on 30.04.2020 while the above
promotions have not been implemented i.e., non-engineering
graduates. On coming to know about the same, the petitioner made a
representation on 21.12.2020 as per the amended rules. The main
contention of the petitioner is that the petitioner is eligible for
promotion as Principal as per rules and the Government Order has
no application to this petitioner. However, the petitioner made a
representation to the respondents on 21.12.2020, but no action was
taken on the representation submitted by the petitioner and
requested to issue a direction to the respondents to dispose of the
representation dated 21.12.2020 submitted by the petitioner in
accordance with law.
3. Learned Government Pleader for Services-III appearing for
respondents readily accepted to dispose of the representation dated
21.12.2020 submitted by the petitioner, if any, pending with the
respondent-authorities.
4. In view 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
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 service to
the cause of justice. As the learned counsel for the petitioner himself
requested to issue a direction to dispose of the representation dated
21.12.2020 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 the
respondent authorities to dispose of the representation submitted by
the petitioner dated 21.12.2020, in accordance with law, within four
(04) weeks from today. No costs.
As a sequel miscellaneous application, pending, if any, shall
also stand closed.
__________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 01.02.2021
IS
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.2263 OF 2021
Date: 01.02.2021
IS
