K. Nageswara Rao, vs The State Of A.P.
2021 Latest Caselaw 1225 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                    WRIT PETITION No.4836 OF 2021

ORDER:-


         This   writ   petition    is    filed   under    Article   226   of   the

Constitution of India seeking the following relief:

           "......to   issue a Writ, order or direction more in the nature of
     Writ of mandamus, declaring the action of the fourth respondent not

consider and disposing of petitioner representation dated 09.12.2020 as illegal, arbitrary, unjust, improper, contrary to service rules and violative of Articles 14, 16 & 21 of the Constitution of India and consequently direct the respondents absorb the petitioner as Electrician/Electrician Helper as per the petitioner qualification and eligibility in the sanctioned and existing vacant post and to pass ....."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri T.S.N.Sudhakar, learned counsel

for the petitioner, requested this Court, without touching the

merits of the case, to issue a direction to respondent No.4 to

dispose of the representation submitted by the petitioner on

09.12.2020.

3. Learned Government Pleader for Municipal Administration

and Urban Development and the learned Government Pleader for

Services-II appearing for the respondents readily agreed to dispose

of the representation of the petitioner, dated 09.12.2020, if any,

pending with the respondent authorities.

4. In view of the submission of the learned Government

Pleaders, 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.4 to dispose of the representation, dated

09.12.2020, 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.4 to dispose of the representation submitted by the

petitioner on 09.12.2020, 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.4836 OF 2021

Date : 1.3.2021

AMD