K Narasimha Murthy vs Eastern Power Distribution ...
2021 Latest Caselaw 75 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                  WRIT PETITION No.562 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 declare the
     action of the respondents in not considering the petitioner's

representation vide dated 14.10.2020 with regarding to fixing of his time scale for the post of Lineman and absorbing his services into regular service and not doing the same which is illegal, arbitrary, unjust and contrary to law and violations of principles of natural justice and contrary to Articles 14, 16 & 21 of Constitution of India and consequently direct the 1st respondent to forthwith consider the petitioner's representation vide dated 14.10.2020 to fix a time scale in the post of Lineman and absorbing his services in the post6 of Lineman and pass such........"

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri S.Srinivasa Rao, learned counsel

for the petitioner, requested this Court, without touching the merits

of the case, to issue a direction to respondent No.1 to dispose of the

representation submitted by the petitioner on 14.10.2020.

3. Learned Government Pleader for Energy as well as the learned

Standing Counsel for A.P.E.P.D.C.L., readily agreed to dispose of the

representation of the petitioner, dated 14.10.2020, if any, pending

with the respondent authorities.

4. In view of the submission of the learned Government Pleader

for Energy as well as 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 14.10.2020,

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.1 to dispose of the representation submitted by the

petitioner on 14.10.2020 keeping in view the judgment of the Apex

Court in State of Punjab and Others vs. Jagjit Singh2 decided on

26.10.2016, as early as possible, not later than 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

2017 (1) SCC 148

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.562 OF 2021

Date : 07.01.2021

AMD