Citation : 2021 Latest Caselaw 813 AP
Judgement Date : 12 February, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.9342 OF 2019
ORDER:-
This writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"......pleased to issue appropriate writ, Order of direction more
particularly one in the nature of writ of Mandamus, declaring the action of
the 2nd respondent in not considering the representation dated 26.03.2019
of the petitioner for appointing the petitioner under compassionate grounds in view of Memo No.140733/SER.A/2003-1 dated 14.11.2003, is illegal, arbitrary and in violation of Article 14 and 16 of Constitution of India an consequently consider the candidature of the petitioner for providing job/suitable post on compassionate grounds and pass such other order or orders ....."
2. Though the petitioner made several allegations against
the respondents, during hearing, Sri Harinath Reddy Soma,
learned counsel for the petitioner, requested this Court, without
touching the merits of the case, to issue a direction to respondent
No.2 to dispose of the representation, dated 26.03.2019, submitted
by the petitioner.
3. Learned Government Pleader for General
Administration and learned Government Pleader for Revenue
appearing for the respondents readily agreed to dispose of the
representation of the petitioner, dated 26.03.2019, if any, pending
with the respondent authorities.
4. In view of the submission of the learned Government
Pleaders, 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
respondent No.2 to dispose of the representation, dated
26.03.2019, 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
respondent No.2 to dispose of the representation submitted by the
petitioner on 26.03.2019 keeping in view the Memo
No.140733/SER.A/2003-1, dated 14.11.2003, in accordance with
law, within a period of four (4) weeks from today. 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 : 12-02-2021 Gvl
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.9342 OF 2019
Date : 12.02.2021
Gvl
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