Andhra Pradesh High Court - Amravati
K Ramu vs Eastern Power Distribution ... on 21 January, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.25093 OF 2020
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
(i) to declare the action of the 1st Respondent in ignoring the
petitioner's length of cadre service from date of appointment as
Lineman O & M Service and not considering his cadre service and
not promoting to the post of Assistant Engineer vide its proceedings
in Memo No.HRD/MPP/E-248936-EPCOR-06002(44)/1/2018-MPS-2-
CORD.No/I/202218/2018 dated 31.12.2018 which is highly illegal,
arbitrary, unjust and contrary to law and violations of Principles of
Natural Justice and contrary to Articles 300-A, 14 & 21 of
Constitution of India and
(ii) consequently setting aside the impugned proceedings
herein of 1st Respondent vide in Memo No.HRD/MPP/E-248936-
EPCOR-06002(44)/1/2018-MPS-2-CORD.No/I/202218/2018 dated
31.12.2018 and direct the 1st Respondent to forthwith consider the
petitioner's length of cadre service from date of initial appointment
of as Lineman in O & M cadre i.e., 8.2.1993 and promote the
petitioner to the post of Assistant Engineer as lawfully he entitle to
calculate the total service by properly considering his
representations vide dated 18.11.2018, 4.10.2020 and 20.11.2020
and thereby placed the petitioner in senior list for the post of
Assistant Engineer as per seniority and pass....."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri S.Srinivasa Rao, learned counsel
for the petitioner, requested this Court, without touching the
merits of the case, to issue a direction to respondent No.1 to
dispose of the representations submitted by the petitioner on
18.11.2018, 4.10.2020 and 20.11.2020 keeping in view the
Regulation framed by the respondents vide B.P. (P&G PER)
Ms.No.354, dated 12.12.1994.
3. Sri Metta Chandra Sekhara Rao, learned Standing Counsel
appearing for the respondents, readily agreed to dispose of the
representations of the petitioner dated 18.11.2018, 4.10.2020 and
20.11.2020, if any, pending with the respondent authorities.
4. In view of the submission of the learned Standing Counsel, 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 respondent No.1
to dispose of the representations, dated 18.11.2018, 4.10.2020
and 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
respondent No.1 to dispose of the representations submitted by the
petitioner on 18.11.2018, 4.10.2020 and 20.11.2020, keeping in
view the Regulation framed by the respondents vide B.P. (P&G
PER) Ms.No.354, dated 12.12.1994, within a period of four (4)
weeks 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 : 21.1.2021
AMD
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.25093 OF 2020
Date : 21.01.2021
AMD
