Citation : 2021 Latest Caselaw 1409 AP
Judgement Date : 5 March, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.5324 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 respondents Nos.2 & 3 in not considering and passing orders on the representations, the latest being dated 23.12.2020, submitted by the petitioner requesting for appointment on compassionate grounds, as illegal, arbitrary and unconstitutional being violative of Articles 14, 16 & 21 of Constitution of India and consequently direct the 2nd and 3rd respondents to consider and pass orders on the representation dated 23.12.2020, submitted by the petitioner, by appointing the petitioner on compassionate grounds in any suitable post as per G.O.Ms.No.350, G.A. (Ser.A) Dept., dated 30.07.1999, on conferring consequential benefits and to pass such other order or orders".
2. Though the petitioner made several allegations against the
respondents, during hearing, M/s.S. Gopal Rao, learned counsel for
the petitioner limited his request to dispose of the representation
made by the petitioner on 23.12.2020, without touching the merits of
the case.
3. Learned Government Pleader for Services-III appearing for
respondents readily agreed to dispose of the representation
submitted by the petitioner, if any, pending with the respondent-
authorities.
4. In view 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 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 23.12.2020 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 representation submitted by
the petitioner, dated 23.12.2020, 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.5324 OF 2021
Date: 05.03.2021
IS
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