Citation : 2021 Latest Caselaw 96 AP
Judgement Date : 7 January, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.426 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 declaring the
action of the respondents in not considering the representation
dated 06.07.2020 of the Petitioners and to reinstate the Petitioners into service as per the proceedings Rc.No.25245/04/PC.4 dated 07.05.2012 as illegal, arbitrary, highhanded and violative of principles of natural justice and violative of fundamental rights guaranteed to the Petitioners under Articles 14 19 and 21 of the Constitution of India and consequently direct the Respondents to reinstate the petitioners into service with effect from 07.05.2012 with all consequential benefits and pass......"
2. Though the petitioners made several allegations against the
respondents, during hearing, Sri Challa Dhanamjaya, learned
counsel for the petitioners, requested this Court, without touching
the merits of the case, to issue a direction to respondent No.3 to
dispose of the representation submitted by the petitioners on
06.07.2020.
3. Learned Government Pleader for Cooperation appearing for the
respondents readily agreed to dispose of the representation of the
petitioners, dated 06.07.2020, 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 petitioners
himself requested to issue a direction to dispose of the
representation, dated 06.07.2020, submitted by the petitioners, 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 representation submitted by the
petitioners on 06.07.2020, 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.426 OF 2021
Date : 07.01.2021
AMD
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