Citation : 2021 Latest Caselaw 132 AP
Judgement Date : 18 January, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.1145 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"to issue a writ in the nature of Mandamus or any other appropriate writ order or direction by declaring the action of the 1st respondent in not considering and passing orders on the representation dated 14.05.2020 made by the petitioner for promotion to the post of Superintendent as illegal arbitrary and unconstitutional being violative of Articles 14 and 16 of Constitution of India and consequently direct the 1st respondent to consider and pass orders on the representation dated 14.05.2020 submitted by the petitioner by promoting him as Superintendent."
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 dated 14.05.2020.
Learned Assistant Government Pleader for Services-III readily
agreed to dispose of the representations of the petitioner dated
14.05.2020, if any pending with the authorities.
In view of the submission of the learned Assistant Government
Pleader for Services-III, 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 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 the respondents
2019 (8) SCALE 544 MSM,J WP_1145_2021
to dispose of the representation of the petitioner dated 14.05.2020, 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
14.05.2020, in accordance with law, within four (04) weeks from
today. No costs.
Consequently miscellaneous petitions pending, if any, shall
also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 18.01.2021
SP
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