Andhra Pradesh High Court - Amravati
Papolu Pramod, vs Union Of India, on 1 March, 2021
Bench: M.Satyanarayana Murthy
HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
W.P. No.4364 of 2021
O R D E R:-
This writ petition is filed for the following substantive relief:
".....to issue a writ of mandamus declaring the inaction of the respondents in
releasing the petitioner's annual increments from 2013 till date, as arbitrary
and violative of Articles 14, 16 and 21 of the Constitution of India and
consequently direct the respondents to add the petitioner's annual increments
from 2013 onwards till date to the petitioner's pay and direct the respondents
to pay difference of arrears of pay on adding increments with interest at the
rate of 12% per annum, grant costs of the proceedings."
Though Sri M.Pitchaiah, learned counsel for the petitioner, made
several allegations against the respondents during the course of hearing,
he requested this Court, without touching the merits of the case, to
issue a direction to the respondents to dispose of the representations
submitted by the petitioner on 09.03.2020, 01.09.2020, 16.09.2020,
29.10.2020, 13.11.2020, 01.12.2020, 15.12.2020, 29.12.2020 and
13.01.2021 keeping in view the Office Memorandum issued by the
1st respondent dated 19.03.2012.
The learned Assistant Solicitor General of India appearing on
behalf of the 1st respondent and the learned Standing Counsel for School
of Planning and Architecture appearing on behalf of respondents 2 and 3
readily agreed to dispose of the representations of the petitioner dated
09.03.2020, 01.09.2020, 16.09.2020, 29.10.2020, 13.11.2020,
01.12.2020, 15.12.2020, 29.12.2020 and 13.01.2021, if any, pending with
the respondent authorities keeping in view the Office Memorandum
issued by the 1st respondent dated 19.03.2012.
In view of the submission of the learned counsel for the
respondents, I need not decide the truth or otherwise of the allegations
made in the petition. This Court is conscious that no such direction can
be issued in view of the judgment of the Apex Court in the case of The
2 MSM,J
WP_4364_2021
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 representations dated
09.03.2020, 01.09.2020, 16.09.2020, 29.10.2020, 13.11.2020,
01.12.2020, 15.12.2020, 29.12.2020 and 13.01.2021 submitted by the
petitioner, I find no other alternative except to issue such direction.
In the result, the writ petition is disposed of directing the
respondents to dispose of the representations submitted by the
petitioner on 09.03.2020, 01.09.2020, 16.09.2020, 29.10.2020,
13.11.2020, 01.12.2020, 15.12.2020, 29.12.2020 and 13.01.2021 keeping
in view the Office Memorandum issued by the 1st respondent dated
19.03.2012, within a period of one month from today. No order as to
costs.
As a sequel, Miscellaneous Petitions, if any pending, shall stand
disposed of as infructuous.
__________________________
M. SATYANARAYANA MURTHY, J
01.03.2021
bcj
2019 (8) SCALE 544
