Andhra Pradesh High Court - Amravati
Smt. K.P. Jwalitha, vs The Regional Director Of Medical ... on 17 February, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.3837 OF 2021
ORDER:-
This writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:-
"......pleased to issue writ or order more particularly one in
the nature of Writ of Mandamus by directing the 1st respondent to
take action for effecting promotions to the category of
Superintendent in Zone-III for the panel year 2020-2021 in the
existing vacancies by taking into consideration of the representation
of the petitioner dated 25.8.2020 and 1.1.2021 and to consider her
case for promotion to the post of Superintendent as per the seniority
and eligibility by declaring the action of the respondent Nos.1 and 2
in not effecting the same with the actual available and arising
vacancies for the panel year 2020-2021 as illegal, arbitrary,
violative of Articles 14 and 16 of the Constitution of India and
consequently declare that the petitioner is entitled for notional
promotion to the Superintendent category in Zone-III for the panel
year 2020-2021 with all service benefits and pass....."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri Vadapalli Ramesh, learned
counsel for the petitioner, requested this Court, without touching
the merits of the case, to issue a direction to respondent No.1 to
dispose of the representations submitted by the petitioner on
25.8.2020 and 1.1.2021.
3. Learned Government Pleader for Medical and Health
appearing for the respondents readily agreed to dispose of the
representations of the petitioner dated 25.8.2020 and 1.1.2021, if
any, pending with the respondent authorities.
4. In view of the submission of the learned Government Pleader
for Medical and Health, 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 25.8.2020 and
1.1.2021, 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.1 to dispose of the representations submitted by the
petitioner on 25.8.2020 and 1.1.2021, in accordance with law,
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 : 17.2.2021
AMD
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.3837 OF 2021
Date : 17.02.2021
AMD
