Citation : 2021 Latest Caselaw 943 AP
Judgement Date : 18 February, 2021
HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
W.P. No.23722 of 2020
O R D E R:-
This writ petition is filed for the following substantive relief:
".....to issue a writ of mandamus declaring the action of the respondents in not
releasing the monetary benefits of the petitioner by fixing the pay and allowances w.e.f. 19.01.2011 in the cadre of Executive Officer GR-II, Endowments Department, as bad, illegal and arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to consider the petitioner's representations dated 30.12.2019, 23.01.2020 and 04.09.2020 and forthwith release the eligible monetary benefits by fixing the pay and allowances in the cadre of Executive Officer Grade-II w.e.f. 19.01.2011."
Though Sri D.V.Sasidhar, learned counsel for the petitioner, made
several allegations against the respondents during the course of hearing,
he 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 30.12.2019, 23.01.2020 and 04.09.2020.
The learned Government Pleader for Services-II appearing for the
respondents readily agreed to dispose of the representations of the
petitioner dated 30.12.2019, 23.01.2020 and 04.09.2020, if any, pending
with the respondent authorities.
In view of the submission of the learned Government Pleader for
Services-II, I need not decide the truth or otherwise of the allegations
made in the petition. This Court is conscious that no such direction can
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
2019 (8) SCALE 544 2 MSM,J WP_23722_2020
requested to issue a direction to dispose of the representations dated
30.12.2019, 23.01.2020 and 04.09.2020 submitted by the petitioner, 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 submitted by the
petitioner on 30.12.2019, 23.01.2020 and 04.09.2020, in accordance
with law, within a period of one month from today. No order as to
costs.
As a sequel, Miscellaneous Petitions, if any pending, shall stand
disposed of as infructuous.
__________________________ M. SATYANARAYANA MURTHY, J 18.02.2021
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