P Charles Scott vs The State Of Ap
2021 Latest Caselaw 992 AP

        THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY


                          WRIT PETITION NO.4117 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 in the nature of Writ of Mandamus declaring the action of the respondents 2 and 3 in not filling up of the vacancies in spite of the circular in Rc.No.11049/4/2018-ADMN/2018, dated 26.07.2019 for filling of the vacancies available in the Andhra Pradesh Tribal Welfare Residential Education Institution Society (Gurukulam), Amaravathi, which are sanctioned vide G.O.Ms.No.129, Finance (HR.III) Department, dated 05.08.2017 for filling up of the Junior Assistants/Data Entry Operators immediately by following the due process as illegal, arbitrary and violation of Article 14, 19 and 21 of the Constitution of India and consequently direct the respondents to consider the representation of the petitioner, dated 28.11.2020."

2. Though the petitioner made several allegations against the

respondents, during hearing, the 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, dated 28.11.2020.

3. Learned Government Pleader for Tribal Welfare readily agreed to

dispose of the representation of the petitioner if any, pending with the

respondents authorities.

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

Tribal Welfare, 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

2019 (8) SCALE 544

overburdened adjudicatory institutions. But, they do not service to the

cause of justice. As the learned counsel for the petitioner himself

requested to dispose of the representation of the petitioner, dated

28.11.2020, 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 representation of the petitioner, dated

28.11.2020, in accordance with law, keeping in view the impugned

proceedings in Rc.No.11049/4/2018-ADMN/2018, dated 26.07.2019,

within four (4) weeks from today. No costs.

The miscellaneous petitions pending, if any in the Writ Petition,

shall also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 19.02.2021

IS