Citation : 2021 Latest Caselaw 1518 AP
Judgement Date : 15 March, 2021
HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
W.P. No.5722 of 2021
O R D E R:-
This writ petition is filed for the following substantive relief:
".....to issue a writ of mandamus declaring the discriminatory action of the
respondents in not extending the enhanced remuneration to the petitioner who
is working as Physiotherapist under the control of the 3rd respondent from Rs.16,500/- per month to Rs.42,945/- per month in pursuance of the G.O.Ms.No.27, Health, Medical & Family Welfare (G1) Department, dated 16.03.2018 though the said benefit is extended to the Physiotherapists working under the control of A.P. Vaidhya Vidhan Parishad and National Health Mission, as illegal, arbitrary and discriminatory and consequently direct the respondents to extend the aforesaid enhanced remuneration."
Though Sri K. Rathangapani Reddy, learned counsel for the
petitioner, made several allegations against the respondents during the
course of hearing, he 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 05.01.2021.
The learned Government Pleader for Services-III appearing for the
respondents readily agreed to dispose of the representation of the
petitioner dated 05.01.2021, if any, pending with the respondent
authorities.
In view of the submission 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 can
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
2019 (8) SCALE 544 2 MSM,J WP_5722_2021
requested to issue a direction to dispose of the representation dated
05.01.2021 submitted by the petitioner, 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 submitted by the
petitioner on 05.01.2021, in accordance with law, within a period of one
month from today. No order as to costs.
As a sequel, Miscellaneous Petitions, if any pending, shall stand
disposed of as infructuous.
__________________________ M. SATYANARAYANA MURTHY, J 15.03.2021
bcj
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