Citation : 2021 Latest Caselaw 952 AP
Judgement Date : 18 February, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.3773 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 2nd and 3rd respondents are not appointed on compassionate grounds due to death of father of the petitioner - A.Penchalaiah, worked as P.H. in the 3rd respondent office is illegal, arbitrary and violative of principles of natural justice and consequently direct the respondent to appoint the petitioner on compassionate ground in the 3rd respondent office."
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 representation
of the petitioner submitted to respondent No.2.
As seen from the record, respondent No.2 addressed a letter
vide Lr.ROC.No.17023/10/ 2019/OP1, dated 06.10.2019 to
respondent No.3 to examine the case of the petitioner herein and
take necessary action as per rules.
Learned Government Pleader for Municipal Administration
Department readily agreed to dispose of the representation of the
petitioner, if any, pending with the authorities.
In view of the submission of the learned Government Pleader
for Municipal Administration 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
2019 (8) SCALE 544 MSM,J WP_3773_2021
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, I find no other
alternative except to issue such direction.
In the result, the writ petition is disposed of, directing
respondent No.3 to dispose of the representation of the petitioner
keeping in view the letter addressed by respondent No.2 to
respondent No.3 vide Lr.ROC.No.17023/10/ 2019/OP1, dated
06.10.2019, and 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 18.02.2021 Ksp
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