Sri. Ete Jayaprakesh vs Union Of India,
2021 Latest Caselaw 650 AP

   THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                  WRIT PETITION NO.2750 OF 2021
ORDER:

This writ petition is filed under Article 226 of the Constitution

of India seeking the following relief:

"to issue Writ of Mandamus declaring the action of the respondents in not settling the pensionary benefits of the petitioners by taking into consideration of combined service both Railways and IRCTC but taking service up to 31 03 2015 only instead of their retirement on superannuation dates 30 06 2019 31 10 2019 31 03 2019 respectively vide proceedings No 2004/IRCTC/HRD/Absorption Rules dated 05 02 2018 which has been supplied to the 1st petitioner vide proceedings No 2019/IRCTC/ HRD/MISC dated 11.08.2020 of the 3rd respondent is illegal arbitrary and violative of Article 14 16 and 21 of the Constitution of India apart from the written assurance given by the respondent and consequently direct the respondent to settle the pensionary benefits of the petitioners by taking it into consideration of combined total railway service of the railways as well as the IRCTC services till the date of retirement of the petitioners on superannuation viz 30.06.2019, 31.10.2019 & 31.03.2019 respectively all arrears of pension and pensionary benefits etc with interest."

Though the petitioner made several allegations against the

respondents, during hearing, learned counsel for the petitioner

requested this Court, without touching the merits of the case, to

issue a direction to the respondents to dispose of the representations

of the petitioner dated 07.07.2020 and 08.08.2020.

Learned Standing Counsel for Railways readily agreed to

dispose of the representations of the petitioner dated 07.07.2020 and

08.08.2020, if any pending with the authorities.

In view of the submission of the learned Standing Counsel for

Railways, 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 MSM,J WP_2750_2021

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 no serve the

cause of justice. As the learned counsel for the petitioner himself

requested to issue a direction to dispose of the representations of the

petitioner dated 07.07.2020 and 08.08.2020, I find no other

alternative except to issue such direction.

In the result, the writ petition is disposed of, directing the

respondents to dispose of the representations of the petitioner dated

07.07.2020 and 08.08.2020, in accordance with law, within four (04)

weeks from today, keeping in view Clause 3(vi) of the terms and

conditions in the proceedings dated 19.01.2005 issued by the

Managing Director, Indian Railway Catering and Tourism

Corporation Limited, New Delhi. No costs.

Consequently miscellaneous petitions pending, if any, shall

also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:05.02.2021

SP

2019 (8) SCALE 544