Andhra Pradesh High Court - Amravati
Thota Gopala Krishna vs The State Of Andhra Pradesh on 24 August, 2022
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.26872 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 actions of the respondents 1
and 2 in non-payment of the petitioner's full pension and other
pensionary benefits immediately from 25.01.2001 and to pay Gratuity
along with interest payable and the remaining 1% of full pension with
interest @ 6% percent per annum from 25.01.2001 to till date, despite
of the directions in 0.A.No.7628 of 2012 before the Honorable
Administrative Tribunal at Hyderabad, vide Order dt. 25.09.2012,
letter of the Respondent No.3 vide P.13/II/G.493/SP.1008-02/54423,
dt 06.11.2012 and petitioner's representation dt 17.05.2022 as
arbitrary, illegal and in violation of Article 14 of the Constitution of
India and it is consequently prayed to direct the respondent No. 1 and
2 to forthwith release full pension and other pensionary benefits
immediately from 25.01.2001 and to pay Gratuity along with interest
payable and the remaining 1% of full pension with interest at 6% per
annum from 25.01.2001 to till date, pursuant to the directions in
0.A.No.7628 of 2012 before the Honorable Administrative Tribunal at
Hyderabad, vide Order dt. 25.09.2012 and letter of the Respondent
No.3 vide P.13/II/G.493/SP.1008-02/54423, dt 06.11.2012 and the
petitioner's representation dated 17.05.2022 in the interests of justice
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 representation submitted by the petitioner dated
17.05.2022, in terms of directions of the Hon'ble Administrative
Tribunal at Hyderabad, vide Order dt. 25.09.2012 in O.A.No.7628 of
2012, without touching the merits of the case.
3. Learned counsel for the Government Pleader for Services-II
readily agreed to dispose of the representation dated 17.05.2022
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 representation dated 17.05.2022 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 representation dated 17.05.2022 submitted
by the petitioner in terms of directions of the Hon'ble Administrative
Tribunal at Hyderabad, vide Order dt. 25.09.2012 in O.A.No.7628 of
2012, within six (06) 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: 24.08.2022
KK
2019 (8) SCALE 544
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.26872 OF 2022
Date: 24.08.2022
KK
