Andhra Pradesh High Court - Amravati
M Padma vs Ap Power Generation Corporation ... on 18 January, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.980 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 one in the nature of writ of
mandamus declaring the impugned action or the respondents in not allowing the
regular service benefits from 06.12. 1996 and monetary benefits w.e.f 09.12.1997
in favour of deceased spouse of petitioner while extending such benefits to all other
contract labour absorbed under the scheme of absorption vide B.P.Ms.No.37
dt.18.05.1997 B.P.Ms.No.272 dt.13.12.1997 and B.P.Ms.No.326 dt.14.03.1998 and
thereby denying the benefits payable to deceased spouse of petitioner is highly
illegal arbitrary and violative of Articles 14 and 16 of the Constitution of India
consequently direct the respondents to allow the service benefits from 06.12.1996
and monetary benefits from 09.12.1997 as per B.P.Ms.No.326 dt.14.03.1998 as
allowed to the other similarly situated persons vide Memo
No.CE13/OM/Dr.NTTPS/AdmC.3 F.8/D.No.2813/11 dt.14.12.2011 as per the
orders or this Court in W.P.No.2179/2006 dt.19.11.2010 as per Judgment in W P
No 12747/2012 dt.16.07.2018 and W.P.No.17643/2012 dt.16.07.2018 as confirmed
in W.A.No.1745/2018 and W.A.No.1737/2018 respectively dated 06.06.2019 and
award the benefits to the petitioner herein being legal representatives of deceased
spouse of petitioners and pass such other or orders."
2. Though the petitioner made several allegations against the
respondents, during hearing, learned counsel for the petitioner
Sri Dasari Vijay Kumar requested this Court without touching the
merits of the case, to issue a direction to the respondents to dispose
of the representation submitted by the petitioner dated 20.11.2020.
3. Learned Government Pleader for Energy and Sri M.Vidya
Sagar, learned Standing Counsel for A.P. Genco appearing for
respondents readily agreed to dispose of the representation of the
petitioner dated 20.11.2020, if any, pending with the respondents
authorities.
4. In view of the submission of the learned Government Pleader
for Energy and the learned Standing Counsel for A.P. Genco
appearing for respondents, 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 case of 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
dispose of the representation dated 20.11.2020 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 submitted by the
petitioner 20.11.2020, in accordance with law, within four (4) weeks
from today. No costs.
The miscellaneous applications pending, if any, shall also
stand closed.
__________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 18.01.2021
IS
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.980 OF 2021
Date: 18-01-2021
IS
