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.2398 OF 2021
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 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
framing the necessary rules incorporating the post of Hostel Welfare officer
Grade-II college Boys and Girls Hostels even through said recruitment was
made way back during the years 2008 and 2011 in respect of above
category posts despite of necessary proposals submitted by the 2nd
respondent vide letter No.E/1323/2015 dated 11.05.2015 R/W RC
No.E/1323/2 dated 13.05.2016 consequent on creating new cadre posts as a
policy decision and on that account not considering the genuine claims of
the petitioners for further promotions even though they are fully eligible
qualified and other way trying to fill up the existing vacancies in the cadre
of Grade-I Hostel welfare officers with the persons who pointed subsequent
to the petitioners in the pre metric Hostels is as highly illegal arbitrary
unjust improper discriminatory violative of Articles 14 16 and 21 of the
Constitution of the India including violative of all principles of natural
justice B And consequently to direct the respondents to forthwith issue
necessary special rules incorporating to the post of Hostel welfare officer
Grade-II College Boys and Girls hostels by duly keeping in view of
proposals submitted by the 2nd respondent vide letter
No.E/1323/2015 dated ll.05.2015 R/W RC No.E/1323/2 dated 13.05.2016
as well as by duly taking in to consideration of rules issued by the state of
Telangana in the same issue vide G.O.MS.No.2, BCW (A) Department
dated 27.01.2016 and to pass."
2. Though the petitioners made several allegations against the
respondents, during the course of hearing, Sri S.Satyanarayana Rao,
learned counsel for the petitioners requested this Court without
touching the merits of the case, to issue a direction to the
1st respondent to finalize the proposal in Lr.No.E/1323/2015, dated
11.05.2015 submitted by the Director (FAC), B.C. Welfare
Department, A.P., Hyderabad, the 2nd respondent herein, whereas
the learned Assistant Government Pleader for Services-III accepted
for finalization of the proposal dated 11.05.2015 submitted by the
2nd respondent.
3. In view of the submission of the learned Assistant 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
petitioners himself requested to finalize the proposals dated
11.05.2015, I find no other alternative except to issue such direction.
4. In the result, the writ petition is disposed of, directing the
1st respondent to finalize the proposal dated 11.05.2015 submitted
by the 2nd respondent, in accordance with law, within four (4) 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.2398 OF 2021
Date: 02.02.2021
IS
