Pathi Subhashini Devi vs The State Of Andhra Pradesh
2021 Latest Caselaw 817 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                   WRIT PETITION No.3418 OF 2021

ORDER:-


         This   writ   petition   is   filed   under   Article   226   of   the

Constitution of India seeking the following relief:

           "......pleased to issue a Order, Direction or Writ, more
     particularly Writ of Mandamus to declare the action of respondent

No.2 to 3 not consider my representation on 11.12.2020 in seeking to avail preferential category in pursuance of as per Guideline column No.10 (b) of G.0.Ms.No.54 dt.12.10.2020, in view of petitioner husband died on 30.08.2020 due to Covid-19, her husband died recently petitioner applied application for Transfer on the ground of widow as mention above said G.O.No.54 under preferential category, as arbitrary, illegal and consequently direct the respondents to give a opportunity to avail preferential category in pursuance of as per Guideline No.10 (b) of G.0.Ms.No.54 dt.12.10.2020, in view of petitioner is a widowed Lady recently her husband died who also worked as Municipal High School S.A. Mathematics, Vasanthapet, Prodduturu, on humanitarian ground and to pass....."

2. Though the petitioner made several allegations against the

respondents, during hearing, Ms.Kalla Tulasi Durgamba, 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 representation submitted by the petitioner on

11.12.2020 keeping in view Guideline No.10(b) of G.O.Ms.No.54,

School Education (SERVICES.II) Department, dated 12.10.2020.

3. Learned Government Pleader for Services-III appearing for

the respondents readily agreed to dispose of the representation of

the petitioner dated 11.12.2020, if any, pending with the

respondent authorities keeping in view Guideline No.10(b) of

G.O.Ms.No.54, School Education (SERVICES.II) Department, dated

12.10.2020.

4. In view of the submission of the learned 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 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 herself requested to issue a direction to dispose of

the representation, dated 11.12.2020, 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 the

respondents to dispose of the representation submitted by the

petitioner on 11.12.2020 keeping in view Guideline No.10(b) of

G.O.Ms.No.54, School Education (SERVICES.II) Department, dated

12.10.2020, within a period of one month 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 : 12.2.2021 AMD

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.3418 OF 2021

Date : 12.02.2021

AMD