B.V.S. Suryanarayana vs The State Of A.P.
2021 Latest Caselaw 904 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                     WRIT PETITION No.3803 OF 2021

ORDER:-

         This     writ   petition    is      filed   under       Article     226    of   the

Constitution of India seeking the following relief:-

           "......issue a Writ, order or direction more in the nature of
     Writ of Mandamus, declaring the action of the third respondent not

consider and disposing of petitioner representation dated 10.12.2020 not included the petitioner name in the seniority list in the category of Senior Assistant as illegal, arbitrary, unjust, improper, contrary to service rules and violation of principles of natural justice apart from violative of Articles 14, 16 and 21 of the Constitution and consequently direct the respondents to include the petitioner name at Serial No.18 in the seniority list dated 26.11.2020 in the category of Senior Assistant and pass....."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri T.S.N.Sudhakar, learned counsel

for the petitioner, requested this Court, without touching the

merits of the case, to issue a direction to respondent No.3 to

dispose of the representation submitted by the petitioner on

10.12.2020.

3. Learned Government Pleader for Services-III appearing for

the respondents readily agreed to dispose of the representation of

the petitioner, dated 10.12.2020, if any, pending with the

respondent authorities.

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 himself requested to issue a direction to dispose

of the representation, dated 10.12.2020, 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

respondent No.3 to dispose of the representation submitted by the

petitioner on 10.12.2020, 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.3803 OF 2021

Date : 17.02.2021

AMD