Citation : 2021 Latest Caselaw 21 AP
Judgement Date : 6 January, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.147 OF 2021
ORDER:-
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"......pleased to issue appropriate writ, order or direction,
more in the nature of Writ of Mandamus declaring the action of
the Respondents 2, 4 and 5 in not properly reckoning the service
benefits of the Petitioner by taking into consideration the date of admission into grant in aid as on 17.10.1984 for all pensionary benefits and considering seniority, eligibility criteria and entitlement of all the correct revised pay scales on par with similarly situated persons as illegal, arbitrary and malafide, and to pass........"
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri M.L.Ali, learned counsel for the
petitioner, requested this Court, without touching the merits of the
case, to issue a direction to respondent Nos.1, 2, 4 and 5 to dispose
of the representation submitted by the petitioner on 27.11.2020.
3. Learned Government Pleader for School Education appearing
for respondent Nos.1, 2 and 4 as well as the Learned Government
Pleader for Services-III readily agreed to dispose of the representation
of the petitioner dated 27.11.2020, if any, pending with the
respondent authorities.
4. In view of the submission of the learned Government Pleader
for School Education as well as the learned 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 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 27.11.2020, 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
respondent Nos.1, 2, 4 and 5 to dispose of the representation
submitted by the petitioner on 27.11.2020, 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.147 OF 2021
Date : 06.01.2021
AMD
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