Apparaju Venkata Narayana vs The State Of Andhra Pradesh
2022 Latest Caselaw 5219 AP

          THE HON'BLE DR. JUSTICE K. MANMADHA RAO

                   WRIT PETITION No.25315 OF 2022

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 recovering an amount of Rs. 10,000/- per month from the pension account of the Petitioner as per the notice Rc.No.A3/Pen/2019, dated 30.05.2019 without considering the representations/complaints dated 13.06.2019, 17.08.2021, 15.11.2021, 22.12.2021 and 10.01.2022 as illegal, arbitrary and against principles of natural justice and in violation of Article 21 of the constitution of India, contrary to law laid down by Honourable Apex Court and consequently set aside the afore mentioned notice proceedings by directing the Respondents not to recover the excess/additional Quantum of pension alleged to have been paid from 01.07.1998 to 31.07.2015 from the Regular payment of pension and further direct to remit the recovered amount back into petitioner's account and pass such other orders...."

2. Though the petitioner made several allegations against the

respondents, during the course of hearing learned counsel for the

petitioner requested this Court to issue a direction to the respondents

to dispose of the representations/complaints dated 13.06.2019,

17.08.2021, 15.11.2021, 22.12.2021 and 10.01.2022 submitted by

the petitioner, without touching the merits of the case.

3. Learned counsel for the Government Pleader for Services-I

readily agreed to dispose of the representations/complaints dated

13.06.2019, 17.08.2021, 15.11.2021, 22.12.2021 and 10.01.2022

submitted by the petitioner, if any pending with the respondent

authorities.

4. In view of the submission of learned Government Pleader

appearing for respondents, I need not decide the truth or otherwise of

the allegations made in the petition.

5. 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 be

passed 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/complaints dated

13.06.2019, 17.08.2021, 15.11.2021, 22.12.2021 and 10.01.2022

submitted by the petitioner, I find no other alternative except to issue

such direction.

6. In the result, Writ Petition is disposed of, directing the

respondents to dispose of representations/complaints dated

13.06.2019, 17.08.2021, 15.11.2021, 22.12.2021 and 10.01.2022

submitted by the petitioner, in accordance with law, within four (04)

weeks from the date of receipt of a copy of this order. No costs.

As a sequel, miscellaneous applications pending, if any, shall

also stand closed.

___________________________ DR.K. MANMADHA RAO, J

Date: 17.08.2022

KK

2019 (8) SCALE 544

THE HON'BLE DR. JUSTICE K. MANMADHA RAO

WRIT PETITION No.25315 OF 2022

Date: 17.08.2022

KK