Dr. Nukasani Balaji vs The State Of Andhra Pradesh
2021 Latest Caselaw 2050 AP

     HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

              Writ Petition No.11417 of 2021
ORDER:

With the consent of the learned counsel for the

petitioner and the learned Government Pleader for Social

Welfare, this Writ Petition is being disposed of at the stage of

admission.

This writ petition is filed "to declare the inaction of the

respondents in releasing the monthly salary and monthly

allowances to the petitioner tenure period of Chairman of

Andhra Pradesh Yadav Cooperative Finance Corporation

Limited i.e., from 15.02.2019 to 10.07.2019 in terms of

G.O.Ms.No.74, General Administration (POLL.A) Department,

dated 22.05.2018, as illegal and arbitrary".

Case of the petitioner is that, he was nominated as the

Chairman of Yadav Cooperative Finance Corporation Limited

under the A.P.Cooperative Societies Act, 1964 for a period of

one year from the date of assumption of the charge through

G.O.Rt.No.103, Back Ward Classes Welfare (C) Department,

dated 13.02.2019 of the 2nd respondent; the 1st respondent

again issued G.O.Ms.No.55, Back Ward Classes Welfare (C)

Department, dated 10.07.2019 cancelling the nomination of

Chairman and Directors of certain Corporations before

completion of the tenure; thereafter, the petitioner

approached the respondents and requested them to pay the

salary and other allowances; the petitioner came to know

about the release of salary and other allowances to the Ex-

Chairman Sri Tata Jaya Prakash Narayana, who was

discharged as Chairman of Andhra Pradesh Toddy and Neera

Tapping Cooperative Finance Corporation Limited, vide

proceedings dated 06.02.2020; then the petitioner made a

representation to the respondents on 14.05.2021, through

registered post, but they have not taken any action till today.

Hence, the writ petition.

Even though various contentions have been raised by

the learned counsel for the petitioner, after arguing for some

time, he requested this Court to issue a direction to the

respondents to dispose of the representation of the petitioner

dated 14.05.2021.

This Court is conscious that no such direction be

issued, in view of the judgment of the Apex Court in "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. However, as

the relief that is sought by the counsel for the petitioner is to

dispose of the representation of the petitioner dated

14.05.2021 and the learned Government Pleader for Social

Welfare appearing for the respondents does not have any

2019 (8) SCALE 544

objection to dispose of the representation, I find no other

alternative except to issue such a direction.

In view of the same, the respondent authorities are

directed to deal with the representation dated 14.05.2021

filed by the petitioner, pass appropriate orders thereon strictly

in accordance with law and communicate the same to the

petitioner.

The writ petition is, accordingly, disposed of. No order

as to costs. Miscellaneous petitions, if any, pending in the

writ petition shall stand closed.

_________________________________ KONGARA VIJAYA LAKSHMI, J

Date: 21.06.2021 VSL

THE HON'BLE JUSTICE KONGARA VIJAYA LAKSHMI

WRIT PETITION No.11417 OF 2021

Date: 21.06.2021

VSL