Citation : 2021 Latest Caselaw 997 AP
Judgement Date : 19 February, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.4024 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 in not filling the backlog vacancies of SC/ST to the posts of Office Subordinate/Cook/Kamati in pursuance of SC/ST Backlog-2018 Class IV Recruitment wherein the name of petitioner was also listed as per Schedule Caste General Provision Merit List for the post of Cook as illegal, arbitrary and contrary to Articles 14, 16 and 21 of the Constitution of India and issue consequential directions to the respondents to issue orders of appointment to the petitioner as a Cook as per Schedule Caste General Provisional Merit List for the post of Cook in pursuance of the SC/ST Backlog 2018 Class-IV Recruitment by duly considering the representation, dated 28.04.2020 submitted by the petitioner."
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 28.04.2020.
3. Learned Government Pleader for Social 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
Social 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
28.04.2020, 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
28.04.2020, in accordance with law 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
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