Citation : 2021 Latest Caselaw 71 AP
Judgement Date : 7 January, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.625 OF 2021
ORDER:-
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"......to issue an order or direction more particularly one in
the nature of Writ of MANDAMUS by declaring the action of the
respondent authorities in not considering the case of the
petitioner for allowing him to rejoin as T.B. Supervisor in any existing vacancy in East Godavari District in spite of the fact that the petitioner had applied through his representations dated 02.09.2020, 23.09.2020 and 01.12.2020 as highly illegal, arbitrary, violative of Principles of Natural Justice and against Articles 14, 16 and 21 of the Constitution of India; and consequently direct the respondent authorities to consider the case of the petitioner for allowing him to rejoin as T.B. Supervisor in any existing vacancy in East Godavari District by following the proceedings dated 04.09.2019 as was done in the case of Sri K Vijaya Saradhi and pass ......"
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri K.Srinivasa Prasad, 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 02.09.2020,
23.09.2020 and 01.12.2020.
3. Learned Government Pleader for Medical and Health appearing
for the respondents readily agreed to dispose of the representations
of the petitioner, dated 02.09.2020, 23.09.2020 and 01.12.2020, if
any, pending with the respondent authorities.
4. In view of the submission of the learned Government Pleader, 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 representations,
dated 02.09.2020, 23.09.2020 and 01.12.2020, 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 02.09.2020, 23.09.2020 and 01.12.2020, 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 : 7.1.2021 AMD
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.625 OF 2021
Date : 07.01.2021
AMD
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