Mr.D. Srinivas Rao vs The State Of Andhra Pradesh,
2021 Latest Caselaw 16 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                    WRIT PETITION No.300 OF 2021

ORDER:-


      This writ petition is filed under Article 226 of the Constitution

of India seeking the following relief:

           "......pleased to issue a writ or order or direction, more
     particularly one in nature of WRIT OF MANDAMUS, declaring the
     high handed action of the respondents in placing the petitioner

at Serial No.62 in the provisional seniority list prepared by 2nd respondent on 20.02.2019, and juniors were placed above to him is arbitrary, bad and illegal, contrary to law, contrary to the A.P. State Subordinate Service Rules. Consequently, direct the respondents to place the petitioner's name at serial No.13, and serial No.14 is junior to the petitioner, by following common seniority list, and promote the petitioner to the post of Asst.Director of Town Planning as and when promotions are taken place in the interest of justice...."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri Kuriti Bhaskara Rao, 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 submitted by the petitioner on 28.10.2019.

3. Learned Government Pleader for Services-II appearing for the

respondents readily agreed to dispose of the representation of the

petitioner dated 28.10.2019, if any, pending with the respondent

authorities.

4. In view of the submission of the learned Government Pleader

for Services-II, 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 28.10.2019, 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 on 28.10.2019, in accordance with law, within a period of

one month from today. There shall be no order as to costs.

Miscellaneous petitions pending, if any, in this Writ Petition

shall stand closed.

_________________________________________ JUSTICE M.SATYANARAYANA MURTHY Date : 6.1.2021 AMD

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.300 OF 2021

Date : 06.01.2021

AMD