Citation : 2021 Latest Caselaw 133 AP
Judgement Date : 18 January, 2021
THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.1143 of 2021
ORDER:
This writ petition is filed by the petitioner under Article 226 of the
Constitution of India seeking the following relief:
"....Mandamus or any other appropriate writ, order or declaring the action of Respondents in not considering the petitioner's representations dated 05.10.2020 seeking to reinstate into service and further requesting for promotion to the post of Village Revenue Assistant in spite of petitioner's several personal approaches and representation as illegal and arbitrary and in violation of principles of natural justice and in contravention of Article 14, 16 and 21 of the Constitution of India and also contrary to the Service Rules, and consequently direct the Respondents to reinstate the petitioner into the service as Village Servant with all benefits forthwith and to pass such other order or further orders.."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri Shaik Meeravali, 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,
dated 05.10.2020, submitted by the petitioner.
3. Learned Government Pleader for Services I appearing for the
respondents readily agreed to dispose of the petitioner's representation,
dated 05.10.2020, if any, pending with the respondent authorities.
4. In view of the submission of learned Government Pleader for
Services I appearing for the respondents, I need not decide the truth or
otherwise of the allegations made in the writ 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 vs. 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
2019(8) SCALE 544 2 MSM,J W.P.No.1143 of 2021
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, dated 05.10.2020, submitted by the petitioner, I find no
other alternative except to issue such direction.
5. In the result, the Writ Petition is disposed of, directing the
respondents to dispose of the representation, dated 05.10.2020,
submitted by the petitioner, in accordance with law, within one month
from the date of receipt of a copy of this order. There shall be no order
as to costs.
As a sequel, all the pending miscellaneous applications shall stand
closed.
_____________________________
M.SATYANARAYANA MURTHY, J
18th January, 2021
GHN
3 MSM,J
W.P.No.1143 of 2021
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