Smt. Potnuri Aruna Kumari vs The State Of Andhra Pradesh,
2021 Latest Caselaw 79 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                  WRIT PETITION No.517 OF 2021

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

regularizing the services of the petitioner as Staff Assistant on par with her juniors whose services were regularized pursuant to the orders passed in W.P.No.32778/2011 dt.14.12.2011 and W.P.No.18870/2012 dt.17.6.2016, in spite of the written representation dt.4.11.2020 as being illegal, arbitrary, unjust, unconstitutional and discriminatory, and consequently direct the respondents to regularize the services of the petitioner on par with others by allowing the time scale assigned to the post held by the petitioner by sanctioning the annual periodical increment and to grant........"

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri P.L.Rao, learned counsel for the

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

case, to issue a direction to respondent No.5 to dispose of the

representation submitted by the petitioner on 04.11.2020.

3. Learned Government Pleader for Cooperation appearing for the

respondents readily agreed to dispose of the representation of the

petitioner dated 04.11.2020, if any, pending with the respondent

authorities.

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

for Cooperation, 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 04.11.2020, 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.5 to dispose of the representation submitted by the

petitioner on 04.11.2020, 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.517 OF 2021

Date : 07.01.2021

AMD