Citation : 2021 Latest Caselaw 819 AP
Judgement Date : 12 February, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.2214 OF 2020
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"to issue any Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the representations dated 06.04.2013 and 01.08.2018 seeking appointment on compassionate grounds is illegal, arbitrary, unjust, improper and in violation principles of natural justice guaranteed under Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the case of the petitioner for appointment on compassionate."
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 06.04.2013 and 01.08.2018.
Learned Government Pleader for Panchayat Raj Department
readily agreed to dispose of the representations of the petitioner
dated 06.04.2013 and 01.08.2018, if any pending with the
authorities.
In view of the submission of the learned Government Pleader
for Panchayat Raj Department, 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 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
2019 (8) SCALE 544 MSM,J WP_2214_2020
dispose of the representations dated 06.04.2013 and 01.08.2018,
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 dated 06.04.2013 and
01.08.2018, in accordance with law, within four (4) weeks from
today. No costs.
The miscellaneous petitions pending, if any, shall also stand
closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 12.02.2021 Ksp
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