Citation : 2022 Latest Caselaw 5783 AP
Judgement Date : 29 August, 2022
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.27367 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 inaction of the respondents herein in not considering the petitioner's representation dated 13.06.2022 for request transfer from the O/o DIPRO, Ongole to the O/o DIPRO, Nellore, as highly illegal arbitrary and discrimination and also in violation of Clause-4 of transfer guidelines issued G.O.Ms.No.116, Finance (HR.I-PLG&POLICY) Department, dated 07.06.2022 and consequentially the Hon'ble Court may be pleased to declare that the petitioner is entitle for request transfer from the O/o DIPRO, Ongole to O/o DIPRO, Nellore against the long standing vacancies at 0/o DIPRO, Nellore, 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 dated 13.06.2022 submitted by the
petitioner, in terms of G.O.Ms.No.116, Finance (HR.I-PLG & Policy)
Department, dated 07.06.2022, without touching the merits of the
case.
3. Learned counsel for the Government Pleader for Services-I
readily agreed to dispose of the representation dated 13.06.2022
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 13.06.2022 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 3rd
respondent to dispose of representation dated 13.06.2022 submitted
by the petitioner, in terms of G.O.Ms.No.116, Finance (HR.I-PLG &
Policy) Department, dated 07.06.2022, 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: 29.08.2022
KK
2019 (8) SCALE 544
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.27367 OF 2022
Date: 29.08.2022
KK
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