Citation : 2021 Latest Caselaw 143 AP
Judgement Date : 18 January, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.395 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 a direction more particularly one in nature of Writ of Mandamus declaring the action of the respondents in not issuing the reposting orders to the petitioner is illegal arbitrary unjust in violation of Articles 14 16 of the constitution of India and consequently direct the respondents to issue reposting orders to the petitioner in any existing vacancy in the same terms and conditions in the interest of justice."
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 representations
of the petitioner dated 16.06.2020, 17.06.2020, 29.07.2020 and
16.12.2020.
Learned Assistant Government Pleader for Medical and Health
readily agreed to dispose of the representations of the petitioner
dated 16.06.2020, 17.06.2020, 29.07.2020 and 16.12.2020., if any
pending with the authorities.
In view of the submission of the learned Assistant Government
Pleader for Medical and Health, 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
2019 (8) SCALE 544 MSM,J WP_395_2021
counsel for the petitioner himself requested to issue a direction to
representations of the petitioner dated 16.06.2020, 17.06.2020,
29.07.2020 and 16.12.2020, 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 representations of the petitioner dated
16.06.2020, 17.06.2020, 29.07.2020 and 16.12.2020, in accordance
with law, within four (4) weeks from today. No costs.
Consequently miscellaneous petitions pending, if any, shall
also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 18.01.2021
SP
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