Citation : 2021 Latest Caselaw 570 AP
Judgement Date : 3 February, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.24976 OF 2020
ORDER:
This 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, directing the respondents to consider the case of the petitioner for appointment to the post of Junior Plant Attendant notionally with effect from 19.10.2013 i.e., the date on which the junior of petitioner i.e., Y.Vamshidhar Reddy is appointed as Junior Plant Attendant who stood at Sl.No.89 and whereas the petitioner at Sl.No.82 in the Seniority List published by District Selection Committee communicated in the Letter No.A3/1109/2011 dated 03.01.2013 by declaring the action of the respondents in not considering the case of the petitioner for giving notional date of appointment as totally irregular, illegal, arbitrary and in violation of G.O.Ms.No.247 Irrigation and CAD (PW.LA.IV-R&R) Department dated 29.12.2008 and also Articles 14 and 19 of Constitution of India and pass such other order or orders."
2. Though the petitioner made several allegations against the
respondents, during the course of hearing learned counsel for the
petitioner Mr.P.Ravi Shanker, requested this Court without touching
the merits of the case, to issue a direction to the respondents to
dispose of the representation dated 19.10.2020 submitted by the
petitioner.
3. Learned Assistant Government Pleader for Revenue appearing
for respondents readily agreed to dispose of the representation dated
19.10.2020 submitted by the petitioner, if any pending with the
respondent authorities.
4. In view of the submission of learned Assistant Government
Pleader for Revenue appearing for respondents, I need not decide the
truth or otherwise of the allegations made in the petition.
5. 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 representation dated 19.10.2020
submitted by the petitioner, I find no other alternative except to issue
such direction.
6. In the result, Writ Petition is disposed of, directing the
respondent authorities to dispose of representation dated 19.10.2020
submitted by the petitioner, in accordance with law, within four (04)
weeks from today. No costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 03.02.2021
IS
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.24976 OF 2020
Date: 03-02-2021
IS
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