Balmuri Parameswar vs The State Of Ap
2021 Latest Caselaw 1214 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                       WRIT PETITION No.5028 OF 2021

ORDER:-


         This       writ   petition   is     filed   under    Article   226   of   the

Constitution of India seeking the following relief:

           "......to issue appropriate Writ, Order or direction more
     particularly WRIT OF MANDAMUS declaring the action of the
     Respondents 2 and 3 in not proceeding with the notification

No.1/NHM/2020 dt.01.10.2020 and keeping the post of Programme Officer, ITDA (PTG CHENCHU), Srisailam in vacant is illegal, arbitrary, unconstitutional and consequently direct the Respondents 2 and 3 to proceed with the notification No.1/NHM/2020 dt.01.10.2020 and fill the post of Programme Officer, ITDA (PTG CHENCHU), Srisailam by duly considering the qualifications and representations of the Petitioner and recommendations made by the other officials and pass....."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri G.Ramachandra Reddy, learned

counsel for the petitioner, requested this Court, without touching

the merits of the case, to issue a direction to respondent Nos.2 and

3 to dispose of the representation submitted by the petitioner on

6.1.2021 keeping in view the recommendations, dated 18.1.2021,

forwarded by the Director of Tribal Welfare, Vijayawada to

respondent No.3.

3. Learned Government Pleader for Services-II appearing for the

respondents readily agreed to dispose of the representation of the

petitioner, dated 6.1.2021, if any, pending with the respondent

authorities keeping in view the recommendations, dated

18.1.2021, forwarded by the Director of Tribal Welfare, Vijayawada

to respondent No.3.

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

for Services-II, 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 6.1.2021, 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 Nos.2 and 3 to dispose of the representation submitted

by the petitioner on 6.1.2021 keeping in view the

recommendations, dated 18.1.2021, forwarded by the Director of

Tribal Welfare, Vijayawada to respondent No.3, within a period of

four (4) weeks 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 : 1.3.2021 AMD

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.5028 OF 2021

Date : 1.3.2021

AMD