V Lakshmanna vs State Of Ap
2021 Latest Caselaw 1308 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY


                   WRIT PETITION No.5184 OF 2021

ORDER:-

         This   writ   petition   is   filed   under      Article   226   of   the

Constitution of India seeking the following relief:

           "......pleased   to issue an appropriate writ or any other order or
     direction particularly one in the nature of writ of mandamus
     declaring the action of the respondents in not paying the interests

on gratuity for belated payment to the petitioner as illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India and pass....."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri Narasimhulu Parise, learned

counsel for the petitioner, 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 petitioner on

11.09.2017 keeping in view the letter, dated 09.11.2017,

addressed by respondent No.2 to respondent No.1.

3. Learned Government Pleader for Services-I appearing for the

respondents readily agreed to dispose of the representation of the

petitioner, dated 11.09.2017, if any, pending with the respondent

authorities keeping in view the letter, dated 09.11.2017, addressed

by respondent No.2 to respondent No.1.

4. In view of the submission of the learned Government Pleader

for Services-I, 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 dispose

of the representation, dated 11.09.2017, 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 the

respondents to dispose of the representation submitted by the

petitioner on 11.09.2017 keeping in view the letter, dated

09.11.2017, addressed by respondent No.2 to respondent No.1, 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 : 3.3.2021 AMD

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.5184 OF 2021

Date : 3.3.2021

AMD