M/S. Sri Venkateswara ... vs The State Of Ap
2021 Latest Caselaw 444 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                  WRIT PETITION No.21957 OF 2020

ORDER:-


       This   writ        petition      is    filed   under         Article    226     of   the

Constitution of India seeking the following relief:

      "......pleased          to   issue    a    Writ,    Order    Or     Direction      more
      particularly one in the nature of Writ of Mandamus, declare
      the   action    of       the    respondents      in     not    considering      the

candidature of the petitioner to the post of Food Safety Officer on appointment by Transfer on his own pay, or not considering for promotion to the post of Senior Analyst in the existing vacancy, on long pending C.C.No.32 of 2017 in Cr.No.04/RCT.VSP/2015, III Addl. District & Sessions Judge- Cum-Special Judge for ACB Cases, Visakhapatnam, as illegal, arbitrary and discrimination, consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of Senior Analyst or allow the petitioner to work as Food Safety Officer as per the A.P.Gazette Notification, dated 21.6.2013 in the existing vacancy, without reference to the pendency of C.C.No.32 of 2017, and to pass....."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri Ramalingeswara Rao

Kocherlakota, 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 submitted by

the petitioner on 23.7.2018, 21.2.2019, 11.6.2019, 28.10.2019

and 7.1.2020.

3. Learned Government Pleader for Services-III appearing for

the respondents readily agreed to dispose of the representations of

the petitioner dated 23.7.2018, 21.2.2019, 11.6.2019, 28.10.2019

and 7.1.2020, if any, pending with the respondent authorities.

4. In view of the submission of 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 the

respondents to dispose of the representations, dated 23.7.2018,

21.2.2019, 11.6.2019, 28.10.2019 and 7.1.2020, 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 submitted by the

petitioner on 23.7.2018, 21.2.2019, 11.6.2019, 28.10.2019 and

7.1.2020, 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 : 29.1.2021 AMD

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.21957 OF 2020

Date : 29.01.2021

AMD