This Writ Petition Is Filed Under ... vs Junior Assistant
2021 Latest Caselaw 475 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                 WRIT PETITION NO.2252 OF 2021
ORDER:

This writ petition is filed under Article 226 of the Constitution

of India seeking the following relief:-

"....to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not promoting the petitioner to the post of Junior Assistant, though the petitioner is fully qualified and eligible for promotion as Junior Assistant from April, 2014, as illegal, arbitrary, contrary to law and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to promote the petitioner to the post of Junior Assistant from the date of eligibility of promotion as Junior Assistant i.e., April, 2014 and pay all consequential benefits and pay arrears from the date of Assistant by considering the representation and pass such other order."

2. Though the petitioners made several allegations against the

respondents, during hearing, Sri Aravala Rama Rao, learned counsel

for the petitioner limited his request to dispose of the representation

made by the petitioner on 14.11.2014, without touching the merits of

the case.

3. Learned Government Pleader for Services-III appearing for

respondents readily agreed to dispose of the representation dated

14.11.2014 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

14.11.2014 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 14.11.2014, 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.2252 OF 2021

Date: 01.02.2021

IS