Andhra Pradesh High Court - Amravati
Lagudu Veera Venkata ... vs State Of Ap on 23 March, 2021
Bench: Kongara Vijaya Lakshmi
HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.6840 of 2021
ORDER:
This writ petition is filed questioning the action of the
respondents in not considering the representations of the
petitioner dated 18.10.2016 and 14.09.2017 and non-
issuance of the posting orders to the petitioner as Village
Revenue Officer, as illegal and arbitrary.
The case of the petitioner is that, the 3rd respondent
has issued proceedings vide Rc.No.879/2020 A4, dated
10.03.2000, appointing the petitioner as nominee Village
Administrative Officer of Gadampalem Village; he applied for
leave due to ill-health from 20-04-2011 to 12-07-2011; after
recovery from his ill-health, he applied for re-posting orders
along with medical fitness certificate; as the respondents did
not consider the same, he made a representation to the 2nd
respondent on 27-02-2012, requesting to issue posting
orders, but there was no response from the 2nd respondent;
while the respondent authorities issued a notice to him
calling for explanation, he made a representation on
15.07.2013 to the 2nd respondent requesting the authorities
to accept his resignation and pass appropriate orders; but no
orders have been passed on the same; hence, he filed
O.A.No.3155 of 2016 before the Andhra Pradesh State
Tribunal, Hyderabad and the same was dismissed on
17.08.2016 observing "in case, the applicant is really serious
about his resignation, the applicant will be at liberty to give
another letter to the authority competent to accept his
resignation". Pursuant to the orders in O.A.No.3155 of 2016,
petitioner made representations dated 18.10.2016 and
14.09.2017 to the 2nd respondent to consider his case either
by issuing posting orders or by accepting his resignation and
to release arrears; but the said representations are not
considered till now. Hence, the writ petition.
Learned Government Pleader appearing for respondents
submits that the representations of the petitioner will be
considered in accordance with law, if the same is available
before the 2nd respondent.
This Court is conscious of the fact that no such
direction can 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 not serve the cause of
justice". But, however, as the main prayer in the writ petition
is questioning the action of the respondents in not
considering the representations of the petitioner as arbitrary
and illegal, with the consent of both the parties, the present
writ petition is disposed of directing the 2nd respondent to
dispose of the representations submitted by the petitioner in
accordance with law, if the same is pending before the 2nd
2019 (8) SCALE 544
respondent strictly in accordance with the law, as
expeditiously as possible. No costs.
The miscellaneous petitions pending, if any, shall also
stand closed.
_________________________________
KONGARA VIJAYA LAKSHMI, J
Dt: 23.03.2021
VSL
THE HON'BLE JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No.6840 OF 2021
Date: 23.03.2021
VSL
