M.Gangothri, vs The State Of Andhra Pradesh
2021 Latest Caselaw 812 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                   WRIT PETITION No.9389 OF 2018

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 declaring the
     inaction on the part of the respondents in considering the petitioner

request for appointment on compassionate grounds in view the death of the petitioner father namely one M.Obaiah, who was working as Attendar in the respondent No.3 School, as arbitrary, illegal and violative of fundamental Rights guaranteed to the petitioner under Articles 14, 19 and 21 of Constitution of India and consequently to direct the respondents No.2 & 3 to consider the representations, dated 22.01.2018 and 24.01.2018 submitted by the petitioner and appoint the petitioner in any suitable post on compassionate grounds in the respondents corporation and pass....."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri V.R.Reddy Kovvuri, learned

counsel for the petitioner, requested this Court, without touching

the merits of the case, to issue a direction to respondent Nos.2 and

3 to dispose of the representations submitted by the petitioner on

22.1.2018 and 24.1.2018 under the scheme of compassionate

appointment.

3. Learned Government Pleader for Social Welfare as well as the

learned Government Pleader for Panchayat Raj and Rural

Development appearing for the respondents readily agreed to

dispose of the representations of the petitioner dated 22.1.2018

and 24.1.2018, if any, pending with the respondent authorities.

4. In view of the submission of the learned Government

Pleader, 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 case of 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 no service to the cause of justice. As the learned counsel

for the petitioner himself requested to issue a direction to dispose

of the representations, dated 22.1.2018 and 24.1.2018, 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

respondent Nos.2 and 3 to dispose of the representations

submitted by the petitioner on 22.1.2018 and 24.1.2018 under the

scheme of compassionate appointment, within a period of four (4)

weeks from today. It is needless to mention here that failure to

comply the direction may lead to serious consequences. There shall

be no order as to costs.

Miscellaneous petitions pending, if any, in this Writ Petition

shall stand closed.

_________________________________________ JUSTICE M.SATYANARAYANA MURTHY Date : 12.2.2021 AMD

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.9389 OF 2018

Date : 12.02.2021

AMD