M/S Kalyani Township Pvt. Ltd vs The State Of Andhra Pradesh
2021 Latest Caselaw 1884 AP

              HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI

                        Writ Petition No.9353 of 2021
ORDER:

With the consent of the learned counsel for the petitioner and the

learned Government Pleader for Services-II, this matter is being disposed of

at the stage of admission.

This writ petition is filed "to declare the action of the 3rd respondent

in not disposing of the representation dated 12.01.2021, as illegal and

arbitrary."

Case of the petitioner is that, he was appointed as NMR in the

year 1987 and his services were regularized on 28.10.2020 and he retired on

31.04.2021 on attaining superannuation; he passed Diploma in Pubolic

Health and Sanitation Technology Course on 31.05.2002 and basing on the

same, he was promoted as Health Assistant vide proceedings dated

03.07.2012; the 3rd respondent issued proceedings dated 14.05.2013 fixing

the final common inter-seniority list of Health Assistants, wherein,

petitioner was shown at Sl.No.7; as the total cadre strength of Sanitary

Inspectors is 9, petitioner is entitled for promotion as Sanitary Inspector;

the 3rd respondent issued circular dated 10.08.2020 in which the petitioner

was shown at Sl.No.2; petitioner made a representation dated 12.01.2021

to the 3rd respondent requesting to consider his case for promotion to the

post of Sanitary Inspector, but there was no response from the respondents.

Hence, the writ petition.

Even though various contentions have been raised by the learned

counsel for the petitioner, after arguing for some time, he requested this

Court to issue a direction to the 3rd respondent to dispose of the

representation of the petitioner dated 12.01.2021.

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 service to the cause of justice. However, as the learned

counsel for the petitioner himself requested to issue a direction to dispose

of the representation dated 12.01.2021, I find no other alternative except

to issue such a direction.

In view of the same, the 3rd respondent is directed to dispose of the

representation dated 12.01.2021 of the petitioner, strictly in accordance

with law, as expeditiously as possible, preferably within a period of four (4)

months from the date of receipt of a copy of this order.

The writ petition is, accordingly, disposed of. No order as to costs.

Miscellaneous petitions, if any, pending in the writ petition shall stand

closed.

__________________________ KONGARA VIJAYA LAKSHMI, J

Date: 07.05.2021 BSS

2019 (8) SCALE 544 HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI

WRIT PETITION No.9353 of 2021

Date: 07.05.2021

BSS