Citation : 2021 Latest Caselaw 1272 AP
Judgement Date : 2 March, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.4362 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"to issue Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the authorities in filling the sanctioned posts of school assistants sanctioned in 2020 in Ashram Schools in Tribal areas without regularizing the petitioners as teachers in the Ashram Schools run in the scheduled areas by the respondents in the schedule area as illegal, arbitrary, unconstitutional and consequently direct the respondents to not to degrade the petitioners as per proceedings through list dated 24.08.2020 till the regularization of petitioners in the posts of teachers in Ashram Schools and rules framed thereunder and volatile of Articles 14, 19 and 21 of Constitution of India."
Though the petitioners made several allegations against the
respondents, during hearing, 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
of the petitioners dated 10.09.2020.
Learned Government Pleader for Services - III readily agreed to
dispose of the representation of the petitioners dated 10.09.2020, if
any pending with the authorities.
In view of the submission of the learned Government Pleader
for Services - III 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 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
2019 (8) SCALE 544 MSM,J WP_4362_2021
petitioners himself requested to issue a direction to dispose of the
representation dated 10.09.2020, 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 representation of the petitioners dated
10.09.2020, in accordance with law, within four (4) weeks from
today. No costs.
The miscellaneous petitions pending, if any, shall also stand
closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 02.03.2021 Ksp
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