Andhra Pradesh High Court - Amravati
T Vijayanand vs The State Of Andhra Pradeh on 7 January, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.624 OF 2021
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 to declaring
the action on the part of the respondents herein not effecting the
promotion to the post of the Administrative Officer, even though
petitioner is the Senior in the panel 2019-2020 (last 4 Panel
years petitioner name was not consider pendency of the charges)
by promoting the Juniors as per the proceedings in
R.C.No.6165/E5/A20 dated 28.12.2020 of the 3rd respondent
contrary to the G.O.Ms.No.529 dated 19.08.2008 and
G.O.Ms.No.679 dated 01.11.2008 and Apex Court Judgments and
also without considering the representations dated 20.06.2020,
21.07.2020, 16.10.2020 of the petitioner as illegal, arbitrary and
violative of the Articles 14, 16, 21 and 309 of Constitution of
India and consequentially direct the respondents to consider the
case of the petitioner for the promotion to the post of
Administrative Officer as per the seniority in view of the
G.O.Ms.No.529 dated 19.08.2008 and G.O.Ms.No.679 dated
01.11.2008 by considering the representations dated 20.06.2020,
21.07.2020, 16.10.2020 of the petitioner and pass......"
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri Bokka Satyanarayana, learned
counsel for the petitioner, requested this Court, without touching the
merits of the case, to issue a direction to respondent No.3 to dispose
of the representations submitted by the petitioner on 20.6.2020,
21.7.2020 and 16.10.2020.
3. Learned Government Pleader for Medical and Health appearing
for the respondents readily agreed to dispose of the representations
of the petitioner, dated 20.6.2020, 21.7.2020 and 16.10.2020, 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 20.6.2020, 21.7.2020 and 16.10.2020, 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
respondent No.3 to dispose of the representations submitted by the
petitioner on 20.6.2020, 21.7.2020 and 16.10.2020, 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.624 OF 2021
Date : 07.01.2021
AMD
