L. Veeranjaneyulu vs State Of Andhra Pradesh
2021 Latest Caselaw 1563 AP

      THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                    WRIT PETITION No.5995 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 or order or direction, more preferably in the nature of Writ of Mandamus, declaring the inaction on the part of the respondents in not absorbing the petitioners into the regular service of the respondent projects as promised by the respondents to the petitioners herein at the time of taking them into service as temporary luskars and not taking steps to fill up the existing vacancies in pursuance of G.O.Ms.No.29 issued by the Government is highly illegal, arbitrary and unconstitutional being violative of Articles 14 and 21 of the Constitution of India and also violative of principles of natural justice and principles of promissory estoppel and consequently direct the respondents herein to absorb the petitioners into regular service of the respondent project by way of filling up the existing vacancies in pursuance of the G.O.Ms.No.29 issued by the Government in the interest of justice and pass......."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri K.Srinivas, learned counsel for the

petitioners, requested this Court, without touching the merits of the

case, to issue to issue a direction to the respondents to dispose of

the representation submitted by the petitioners on 22.7.2019

keeping in view G.O.Ms.No.29, Irrigation & Command Area

Department (Ser-V) Department, dated 19.3.1996.

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

respondents readily agreed to dispose of the representation of the

petitioners, dated 22.7.2019, if any, pending with the respondent

authorities keeping in view G.O.Ms.No.29, dated 19.3.1996.

4. 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 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 petitioners himself requested to issue a direction to dispose of

the representation, dated 22.7.2019, submitted by the petitioners, 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 submitted by the

petitioners on 22.7.2019 keeping in view G.O.Ms.No.29, Irrigation &

Command Area Department (Ser-V) Department, dated 19.3.1996,

within a period of one month 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.5995 OF 2021

Date: 17.3.2021

AMD