Andhra Pradesh High Court - Amravati
Darsigunta Srinivasulu vs The State Of Andhra Pradesh on 18 August, 2022
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.25901 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 3rd
respondent in issuing the impugned proceedings Rc.No.
A4/121/2020, dated 26.04.2022, in fixing the revised date of
commencement of probation by invoking Rule 16(h) of Andhra
Pradesh State and Subordinate service rules1996 contrary to the
Rule 10 of Andhra Pradesh Social Welfare Subordinate Service Rules-
1996 non declaring the probation within two years and consequential
action of the respondent authorities in non-effecting promotions to
the petitioners to the next level post of Hostel Welfare Officers Gr-I in
terms of G.O.Ms.No.225 of General Administration (SER.C)
Department dated 18.05.1999 and proceedings in Lr.Rc.No.
F2/1020/2017, dated 22.08.2017, Lr.Rc.No. A4/SOW02-1701/2019-
COSW, dated 29.11.2019 and Lr.Rc.No.SOW 02-17/06/2020, dated
03.11.2020 despite the petitioners have crossed the 45 years of age
as illegal, arbitrary and violation of principles of natural justice and
Article 14, 16, 21 and 300-A of the Constitution of India
consequently set aside the impugned proceedings Rc.No.
A4/121/2020, Dated 26.04.2022 duly directing the respondents to
follow the rule 10 of Andhra Pradesh Social Welfare Subordinate
Service Rules-1996 in declaring the probation beside follow the G.O.
Ms.No 225 of General Administration (SER.C) Department dated
18.05.1999 in effecting the promotions to the petitioners for the next
level post with all consequential benefits and pass such other
orders...."
2. Though the petitioners made several allegations against the
respondents, during the course of hearing learned counsel for the
petitioners requested this Court to issue a direction to the
respondents to dispose of the representation submitted by the
petitioners, without touching the merits of the case.
3. Learned counsel for the Government Pleader for Social Welfare
readily agreed to dispose of the representation 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 petitioners himself requested to issue a
direction to dispose of the representation submitted by the petitioner,
if any, I find no other alternative except to issue such direction.
6. In the result, Writ Petition is disposed of, while directing the
petitioners to submit fresh representation to the respondents within
15 days from the date of receipt of a copy of this order and on such
submission, directing the respondents to dispose of such
representation submitted by the petitioners, in accordance with
G.O.Ms.No.225 of General Administration (SER.C) Department, dated
18.05.1999 in effecting the promotions to the petitioners for the next
level post with all consequential benefits, within four (04) weeks
thereafter. No costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
___________________________
DR.K. MANMADHA RAO, J
Date: 18.08.2022
KK
2019 (8) SCALE 544
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.25901 OF 2022
Date: 18.08.2022
KK
