Korajangi Eswara Rao vs The State Of Andhra Pradesh,
2021 Latest Caselaw 4181 AP

            HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU

                  WRIT PETITION No. 12155 OF 2021


ORDER:

Heard Sri P.L.Rao, learned counsel for the petitioner

and learned Government Pleader for services-I for

respondents.

2. Learned Government Pleader for services-I points out

that he has already filed written instructions in which it is

clearly mentioned that the petitioner's services were

regularised/ suspension period was regularised by orders

dated 27.06.2021 as leave without pay allowances. He

submits that since this order has been passed by the

disciplinary authority, the same should be challenged and

mere fact that a representation is given will not entitle the

petitioner to seek any order from this Court. He also points

out that disposal of representation is not an order that can

be passed under Article 226 of the Constitution of India.

This Court in view of the recent Judgment of the Hon'ble

Supreme Court of India, in the case of "the Government of

India v. P.Venkatesh1" is of the opinion that disposal of the

representation is not a relief that can be granted at this stage.

Apart from that, once the regularisation proceedings have

been given, the petitioner, should necessarily challenge the

same. The Writ Petition is therefore disposed of giving liberty

2019 (8) SCALE 544

to the petitioner to challenge the proceedings dated

27.06.2021 passed in Rc.No. 340/2012/C.

3. With these observations, this Writ Petition is disposed of

with the consent of both the parties. No costs.

4. As a sequel, miscellaneous petitions, if any, pending

shall stand closed.

______________________ D.V.S.SOMAYAJULU,J Date: 22.10.2021 Psr.

HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU

Writ Petition No. 12155 of 2021 Dated 22.10.2021

Psr.