Citation : 2022 Latest Caselaw 5813 AP
Judgement Date : 30 August, 2022
1
THE HON'BLE D R . JUSTICE K . M A N M A D H A R A O
WRIT PETITION No.27480 OF 2022
ORDER:-
The Writ Petition is filed, under Article 226 of the Constitution of
India, seeking to declare the action of the Respondent Nos.2 to 4
herein in not considering, nor initiating any action on the
representation made by the petitioner dated 27.6.2022 seeking to
grant continuity of service, as well as arrears of salary, as illegal and
arbitrary; consequently directing the respondent Nos.2 to 4 to consider
and pass appropriate orders on the said representation.
2. Heard learned counsel for the petitioner and the learned
Government Pleader for Services-IV.
3. The case of the petitioner is that the petitioner's services were
terminated vide proceedings dated 23.6.2018 by the 4th respondent, on
the ground that his appointment was fake one, thereafter, a criminal case
was registered against him and departmental enquiry was also initiated.
However, the departmental enquiry and the criminal case had ended
holding that the fakeness of the appointment order did not proved.
Learned counsel for the petitioner further submits that ventilating his
grievances, the petitioner gave a representation dated 27.6.2022 to the
respondents and the same is not considered. Hence, the Writ Petition.
4. Learned counsel for the petitioner submits that in similar facts and
circumstances, this Court in W.P.No.8888 of 2021 vide its Order
dated 21.06.2021, directed the respondents therein to dispose of the
representation made by the petitioner therein and therefore, the same
Order may be passed in this Writ Petition also.
5. Learned Government Pleader for Services-IV does not have any
objection for disposal of the representation.
6. The main prayer in the Writ Petition itself is for disposal of the
representation, this Court is conscious that no such direction be
issued, in view of the Judgment of the Apex Court in The Government
of India Vs., P. Venkatesh1, wherein the Apex Court held that such
orders may make for a quick or easy disposal of cases in
overburdened adjudicatory institutions. But, they do not serve to the
cause of justice. But, as the petitioner himself requested to issue a
direction to dispose of the representation said to have been filed on
27.06.2022, relying on similar directions given in W.P.No.8888 of 2021,
dated 21.06.2021, the 4th respondent is directed to dispose of the
representation, dated 27.06.2022 made by the petitioner, strictly in
accordance with law, within a period of (06) six weeks from the date of
receipt of the order.
7. Accordingly, the Writ Petition is disposed of at the admission
stage. No order as to costs.
)(2019) 8 SCALE 544
8. As a sequel thereto, the miscellaneous petitions,
if any, pending in this Writ Petition shall stand closed.
_____________________ DR.K.MANMADHA RAO
Date:30.08.2022
HS
THE HON'BLE DR.JUSTICE K.MANMADHA RAO
WRIT PETITION No.27480 of 2022
Date: 30.08.2022
HS
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