Puliseru Saraiah vs The State Of Ap
2021 Latest Caselaw 908 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                     WRIT PETITION No.3541 OF 2021

ORDER:-

         This   writ    petition   is   filed   under   Article   226   of   the

Constitution of India seeking the following relief:-

            "......to   issue a Writ, order or direction more particularly one
     in the nature of Writ of Mandamus, declaring the action of the
     respondent no.1 in issuing G.O.RT.No.19, dated 03.02.2021, wherein

a posting order of Executive Director in Nellore District was issued and subsequent proceedings vide its Procs.No.A4/58/APSC/2017, dated 08.02.2021, of 2nd respondent, wherein also a direction was issued to the petitioner to report to the Collector, Nellore District as Executive Director, despite the eligibility criteria of the petitioner and several representations made to them; to continue the petitioner in the present post as General Manager by promoting the petitioner to the same cadre is illegal, null and void as against to the Principles of Natural Justice, apart from right to live guaranteed in the fundamental rights under the Articles of 14, 16 and 21 of the Constitution of India and consequently direct the respondents to give promotion, forthwith and continue the petitioner in the office of APSCCFC Ltd., Tadepalli, Guntur instead of posting the petitioner as Executive Director in Guntur District and pass....."

2. Though the petitioner made several allegations against the

respondents, during hearing, Ms.Burugu Srilatha, 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 submitted by the petitioner on

8.1.2021 and 19.1.2021.

3. Learned Government Pleader for Services-III appearing for

respondent No.1 as well as Sri Ch.C.Satyanarayana, learned

Standing Counsel appearing for respondent No.2, readily agreed to

dispose of the representations of the petitioner, dated 8.1.2021 and

19.1.2021, if any, pending with the respondent authorities.

4. In view of the submission of the learned Government Pleader

for Services-III and the learned Standing Counsel, 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

representations, dated 8.1.2021 and 19.1.2021, 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 the

respondents to dispose of the representations submitted by the

petitioner on 8.1.2021 and 19.1.2021, in accordance with law,

within a period of two (2) 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 : 17.2.2021 AMD

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.3541 OF 2021

Date : 17.02.2021

AMD