Andhra Pradesh High Court - Amravati
This Writ Petition Is Filed Under ... vs Unknown on 2 February, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.2408 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 A). By declaring the entire
action of the respondents, particularly the entire action of the
1st respondent in not considering the case of the petitioner for
the post of Junior Assistant or Typist by way of Appointment
by transfer from the post of ware house man, even though he is
fully eligible, qualified and within the zone of consideration
inspite of necessary proposals submitted by the 2nd respondent
vide RC No.77/NTB/2019 dated 31.1.2019 is highly illegal,
arbitrary, violative of all principles of natural justice to that of
Rules. B) Consequently to direct the respondents to forthwith
consider the case of the petitioner for the post of Junior
Assistant / Typist by way of appointment by transfer from the
post of ware house man in the existing vacancies by duly taking
into consideration of proposals submitted by the 2nd respondent
vide RC No.77/NTB/2019 dated 31.01.2019 and pass such
other order."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri S.Satyanarayana Rao, learned
counsel for the petitioner limited his request to dispose of the
representations made by the petitioner dated 02.01.2013,
16.05.2015, 29.01.2016, 31.01.2018 and 24.09.2019, without
touching the merits of the case.
3. Learned Government Pleader for Services III appearing for
respondents readily agreed to dispose of the representations dated
02.01.2013, 16.05.2015, 29.01.2016, 31.01.2018 and 24.09.2019
submitted by the petitioner, if any, pending with the respondent-
authorities.
4. Recording the submissions 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
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 02.01.2013, 16.05.2015, 29.01.2016,
31.01.2018 and 24.09.2019 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 representations submitted
by the petitioner dated 02.01.2013, 16.05.2015, 29.01.2016,
31.01.2018 and 24.09.2019, 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: 02.02.2021
IS
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.2408 OF 2021
Date: 02.02.2021
IS
