B.Naga Raju vs The Commissioner,
2022 Latest Caselaw 3283 AP

            THE HON'BLE DR. JUSTICE K. MANMADHA RAO

                WRIT PETITION No.28308 OF 2021

ORDER:

This Writ Petition is filed under Article 226 of the Constitution of

India, seeking the following relief:-

".....to issue a Writ more in the nature of Writ of Mandamus or any other Writ order or direction to direct the Respondents to consider the case of the Petitioner for promotion as Municipal Commissioner Grade-III by considering his representation dated 08/02/2019 and 22/09/2021 and for notional seniority in the cadre of Sanitary Supervisor with effect from 01/05/2014 by declaring the action of the 1st Respondent in not doing the same is illegal, arbitrary, unconstitutional and void being violative of Arts 14 and 16 of the Constitution of India."

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 respondent

No.1 to dispose of the representations dated 08.02.2019 and

22.09.2021 submitted by the petitioner, without touching the merits of

the case.

3. Learned Standing Counsel for the respondent No.1 readily agreed

to dispose of the representations dated 08.02.2019 and 22.09.2021, if

any, pending with the 1st respondent.

4. In view of the submission of learned Standing Counsel appearing

for respondent No.1, 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 dated 08.02.2019 and

22.09.2021 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

respondent No.1 to dispose of representations dated 08.02.2019 and

22.09.2021 submitted by the petitioner, in accordance with law, within

eight (08) 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: 04.07.2022 HS

) 2019 (8) SCALE 544

THE HON'BLE DR. JUSTICE K. MANMADHA RAO

WRIT PETITION No.28308 OF 2021

Date: 04.07.2022

HS