Citation : 2021 Latest Caselaw 4843 AP
Judgement Date : 25 November, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.12177 OF 2019
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:-
"....to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in not paying the salary arrears and increments due to the Petitioner from 01.09.2003 to 27.01.2009 and not increasing the salary of the Petitioner on par with other similarly placed employees as being illegal arbitrary unconstitutional and in violation of principles of natural justice and consequently direct the Respondents to pay the salary arrears and increments due to the petitioner from 01.09.2003 to 27.01.2009 and thereby increase the salary of the petitioner on par with other similarly placed employees and pass such other order or orders."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri K.Lakshmi Srinivasa Rao, learned
counsel for the petitioner limited his request to dispose of the
representations dated 22.06.2019 and 03.09.2011 made by the
petitioner, without touching the merits of the case.
3. Learned Assistant Government Pleader for Education,
appearing for respondents readily agreed to dispose of the
representations dated 22.06.2019 and 03.09.2011 submitted by the
petitioner, if any, pending with the respondent-authorities.
4. Recording the submissions of the learned Government Pleader
for 22.06.2019 and 03.09.2011, 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 not serve to the cause of justice. As the learned counsel
for the petitioner himself requested to issue a direction to dispose of
the representations dated 22.06.2019 and 03.09.2011 submitted by
the petitioner, I find no other alternative, except to issue such
direction.
5. In the result, the Writ Petition is disposed of, directing
respondents to dispose of the representations dated 22.06.2019 and
03.09.2011 submitted by the petitioner and pass appropriate order
in accordance with law, within three (3) months from the date of
receipt of copy of this order. No costs.
As a sequel miscellaneous application, pending, if any, shall
also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date:25.11.2021
VSL
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.12177 OF 2019
Date: 25.11.2021
VSL
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