Makkuva Harinath, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 1363 AP

   THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                     WRIT PETITION NO.5606 OF 2020
ORDER:

This writ petition is filed under Article 226 of the Constitution

of India seeking the following relief:

"Writ of Mandamus declaring the action of the respondents in denying the selection of the petitioner for the post of Panchayat Secretary Category-I notified in Notification No.01/2019 dated 26.07.2019 and not awarding service weightage marks though the petitioner working in Data Entry Operator DEO and Grace Marks as highly illegal arbitrary discrimination and contrary Section Procedure of the said Notification dated 26.07.2019 and violative of Articles 14 and 16 of the Constitution of India and consequently direct the respondents to award the weightage marks and grace marks to the petitioner and allow the selection and appointment to the post of Panchayat Secretary with all consequential benefits"

Though the petitioner made several allegations against the

respondents, during hearing, 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 undated

representation of the petitioner which is annexed at Page No.43 to

the writ petition.

Learned Assistant Government Pleader for Education readily

agreed to dispose of the undated representation of the petitioner

which is annexed at Page No.43 to the writ petition, if any pending

with the authorities.

In view of the submission of the learned Assistant Government

Pleader for Education, 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 MSM,J WP_5606_2020

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

petitioner himself requested to issue a direction to dispose of the

undated representation of the petitioner which is annexed at Page

No.43 to the writ petition, 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 undated representation of the

petitioner which is annexed at Page No.43 to the writ petition, strictly

in accordance with law, within four (04) weeks from today. No costs.

Consequently miscellaneous petitions pending, if any, shall

also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:04.03.2021

SP

2019 (8) SCALE 544