Pulivendula Venkata Swamy vs The State Of Andhra Pradesh,
2021 Latest Caselaw 1560 AP

      THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                     WRIT PETITION No.6079 OF 2021

ORDER:

This Writ Petition is filed under Article 226 of the Constitution

of India seeking the following relief:

"......pleased to issue a writ of Mandamus or any other appropriate writ, order or declaring the action of Respondents in not considering the petitioner's representations dated 09.12.2020 seeking promotion to the post of Senior Assistant in spite of petitioner's several personal approaches and representation as illegal and arbitrary and in violation of principles of natural justice and in contravention of Articles 14, 16 and 21 of the Constitution of India and also contrary to the Service Rules and consequently direct the Respondents to Promote the Petitioner as Senior Assistant with all benefits forthwith and to pass....."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri Shaik Meeravali, 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

representation, dated 06.12.2020, submitted by the petitioner on

09.12.2020.

3. Learned Government Pleader for Services-II appearing for the

respondents readily agreed to dispose of the representation, dated

06.12.2020, of the petitioner, if any, pending with the respondent

authorities.

4. 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 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 requested to issue a direction to dispose of the

representation, dated 06.12.2020, submitted by the petitioner on

09.12.2020, I find no other alternative except to issue such direction.

5. In the result, the Writ Petition is disposed of, directing the

respondents to dispose of the representation, dated 06.12.2020,

submitted by the petitioner on 09.12.2020, in accordance with law,

within a period of four (4) weeks from today. There shall be no order

as to costs.

As a sequel, miscellaneous applications pending, if any, in this

Writ Petition shall stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 17.3.2021 AMD

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.6079 OF 2021

Date: 17.3.2021

AMD