Andhra Pradesh High Court - Amravati
Kummari Srinivas vs The State Of Andhra Pradesh, on 7 January, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.24308 OF 2020
ORDER:-
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"......pleased to issue an appropriate writ, order or
direction, more particularly one in the nature of Writ of
Mandamus declaring the action of the Respondents in not
granting the promotion to the petitioner as Junior Assistant in
the existing vacancy under the guise of the proceedings in
RC.No.A1/752/2017 dated 01.07.2017 imposing the punishment
of stoppage of 2 increments with cumulative effect without
deciding the appeal filed against the same for three years
without any fault on the part of the petitioner as bad, illegal,
arbitrary, void and violative of Articles 14, 16 and 21 of
Constitution of India consequently direct the respondents to
consider the case of the petitioner for promotion to the post of
Junior Assistant without reference to the proceedings in
RC.No.A1/752/2017 dated 01.07.2017 and pass........"
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri D.V.Sasidhar, learned counsel for
the petitioner, requested this Court, without touching the merits of
the case, to issue a direction to respondent No.2 to dispose of the
representation submitted by the petitioner on 15.7.2019.
3. Learned Government Pleader for Services-II appearing for
respondent Nos.1 and 2 as well as the learned Standing Counsel
appearing for respondent No.3 readily agreed to dispose of the
representation of the petitioner, dated 15.7.2019, if any, pending
with the respondent authorities.
4. In view of the submission of the learned Government Pleader
and 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 dispose of the representation, dated 15.7.2019,
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
respondent No.2 to dispose of the representation submitted by the
petitioner on 15.7.2019, 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 : 7.1.2021
AMD
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.24308 OF 2020
Date : 07.01.2021
AMD
