Citation : 2021 Latest Caselaw 401 AP
Judgement Date : 28 January, 2021
THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.21619 of 2020
ORDER:
This writ petition is filed by the petitioner under Article 226 of the
Constitution of India seeking the following relief:
"....issue a Writ, Order or direction particularly one in the nature of Writ of Mandamus declaring the G.O.Ms.No.71, dt.25.01.2019 in so far as it deprives the Petitioner's seniority in the category of Prohibition & Excise Inspector as arbitrary, illegal and violative of Articles 14, 16 and 21 of the Constitution of India and further declare that the Petitioner is entitled to count his seniority in the category of Prohibition & Excise Inspector from the date of his promotion i.e., 11.07.2008 and pass such other order or orders...."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri Seepani S.Kumar, 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,
dated 01.10.2020 and 05.10.2020, submitted by the petitioner.
3. Learned Government Pleader for Services I appearing for the
respondents readily agreed to dispose of the petitioner's representations,
dated 01.10.2020 and 05.10.2020, if any, pending with the respondent
authorities.
4. In view of the submission of learned Government Pleader for
Services I appearing for the respondents, I need not decide the truth or
otherwise of the allegations made in the writ 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 vs. 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
2019(8) SCALE 544 2 MSM,J W.P.No.21619 of 2020
petitioner himself requested to issue a direction to dispose of the
representations, dated 01.10.2020 and 05.10.2020, 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 representations, dated 01.10.2020 and
05.10.2020, submitted by the petitioner, in accordance with law, within a
period of four weeks from the date of receipt of a copy of this order.
There shall be no order as to costs.
As a sequel, all the pending miscellaneous applications shall stand
closed.
_____________________________
M.SATYANARAYANA MURTHY, J
28th January, 2021
GHN
3 MSM,J
W.P.No.21619 of 2020
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