Citation : 2021 Latest Caselaw 1229 AP
Judgement Date : 1 March, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.4028 OF 2021
ORDER:-
This writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"......pleased to issue an order, writ or direction more
particularly in the nature of Writ of Mandamus declaring the action
of the respondent authorities in not considering the request of the
1st petitioner for providing compassionate appointment to the 2nd respondent on the medical invalidation grounds as illegal, arbitrary, unjust, subversion of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondent authorities to appoint the 2nd petitioner in any suitable post on compassionate appointment in medical invalidation scheme with all consequential benefits and pass....."
2. Though the petitioners made several allegations against the
respondents, during hearing, Sri Rambabu Koppineedi, learned
counsel for the petitioners, requested this Court, without touching
the merits of the case, to issue a direction to the respondents to
dispose of the representation submitted by the petitioners on
23.12.2020.
3. Learned Government Pleader for Services-III appearing for
the respondents readily agreed to dispose of the representation of
the petitioners, dated 23.12.2020, 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 petitioners himself requested to issue a direction to the
respondents to dispose of the representation, dated 23.12.2020,
submitted by the petitioners, I find no other alternative except to
issue such direction.
5. In the result, the Writ Petition is disposed of, directing the
respondents to dispose of the representation submitted by the
petitioners on 23.12.2020, 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.4028 OF 2021
Date : 1.3.2021
AMD
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