Andhra Pradesh High Court - Amravati
T. Venu Babu, vs Ap Power Generation Corporation ... on 5 March, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.5413 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 3rd respondent in issuing
the Memo CEE/O&M SLMU/ADM/C1/F.SLMW/D No.996/2000
dated 31.10.2000, in so far as not granting the notional seniority
w.e.f. 06.12.1996 and monetary benefits from 09.12.1997 is
concerned as arbitrary, illegal and violative of Articles 14, 16 & 21 of
the Constitution of India and contrary to the guidelines issued in BP
(P&GMR) MS No.326 dated 14.09.1998 and BPMS No.272 dated
31.12.1997 and consequently direct the respondents to absorb the
petitioner w.e.f. 06.12.1996 with monetary benefits from 09.12.1997
in terms of BPMS No.326 dated 14.03.1998 with all consequential
benefits and attendant benefits and pass such other order or orders".
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri Dasari Vijay Kumar, learned
counsel for the petitioner limited his request to dispose of the
representations made by the petitioner on 01.06.2020 and
01.07.2020, without touching the merits of the case.
3. Sri M. Vidya Sagar, learned Standing Counsel appearing for
respondents readily agreed to dispose of the representations
submitted by the petitioner, if any, pending with the respondent-
authorities.
4. In view of the learned Standing Counsel, 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 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 01.06.2020
and 01.07.2020 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
respondent authorities to dispose of the representations submitted
by the petitioner, dated 01.06.2020 and 01.07.2020, in accordance
with law, within four (04) weeks from today. No costs.
As a sequel miscellaneous applications, pending, if any, shall
also stand closed.
__________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 05.03.2021
IS
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.5413 OF 2021
Date: 05.03.2021
IS
