Tatavarthi Padmavathi vs The State Of Ap
2021 Latest Caselaw 1519 AP

       THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                         WRIT PETITION NO.5460 OF 2021
ORDER:

This writ petition is filed under Article 226 of the Constitution

of India seeking the following relief:

"to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus or any other writ under Article 226 of Constitution of India declaring the inaction of the respondents in issuing orders for release of the unpaid salary of Petitioner's late husband for the period from 27.10.2009 to 29.01.2012, family pension along with other pensionary benefits to the petitioner on the death of her husband late Vanguri Srinivasa Rao, who died on 08.11.2013 in harness while working as Senior Assistant in the office of Municipal Corporation, W.G.District, Eluru as illegal, arbitrary, irregular and ultra virus the Pension rules and violative of principles of natural justice and Article 19 and 21 of Constitution of India and consequently direct respondents to issue necessary orders to grant the family pension and other pensionary benefits to the petitioner in the ends of justice."

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 representations

of the petitioner dated 20.10.2014 and 21.05.2016.

Learned Government Pleader for Services - II readily agreed to

dispose of the representations of the petitioner dated 20.10.2014 and

21.05.2016, if any pending with the authorities.

In view of the submission of the learned Government Pleader

for Services - II, 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

2019 (8) SCALE 544 MSM,J WP_5460_2021

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 20.10.2014 and 21.05.2016, 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 representations of the petitioner dated

20.10.2014 and 21.05.2016, in accordance with law, within four (4)

weeks from today. No costs.

The miscellaneous petitions pending, if any, shall also stand

closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 15.03.2021 Ksp