Citation : 2021 Latest Caselaw 1223 AP
Judgement Date : 1 March, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.4855 OF 2021
ORDER:-
This writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"......to issue writ of mandamus or any other appropriate writ
or direction declaring the action of the respondents in kept pending
the representation of the petitioner dated 17.03.2020 and 17.12.2020 for sanctioning of his salary increments and other medical benefits since 2016 to till the date without passing any orders is illegal, arbitrary and one without jurisdiction and violation of principles of natural justice and also violation of Articles 14, 19, 21 and 300-A of the Constitution of India and consequentially direct the respondents to pay his salary and other arrears pending and to pass....."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri Jada Sravan Kumar, learned
counsel for the petitioner, requested this Court, without touching
the merits of the case, to issue a direction to respondent No.2 to
dispose of the representations submitted by the petitioner on
17.3.2020 and 17.12.2020.
3. Learned Government Pleader for Services-III appearing for
the respondents readily agreed to dispose of the representations of
the petitioner dated 17.3.2020 and 17.12.2020, if any, pending
with the respondent authorities.
4. In view of the submission of the learned Government Pleader
for Services-III, 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
respondent No.2 to dispose of the representations, dated 17.3.2020
and 17.12.2020, 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.2 to dispose of the representations submitted by the
petitioner on 17.3.2020 and 17.12.2020, 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 : 1.3.2021 AMD
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.4855 OF 2021
Date : 1.3.2021
AMD
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