Andhra Pradesh High Court - Amravati
P. Bhaskar Rao, vs The State Of Andhra Pradesh, on 5 July, 2022
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.18768 OF 2021
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 respondent
authorities in not taking any action on the representation filed by the
petitioners to the 1st respondent as was forwarded to the 2nd
respondent vide Memo No. EFS01-FRSTOFSER (FSSR)/18/2019-
SEC-V, dated 07.02.2019 for rectifying the anomaly and fixation of
pay scale by taking into account the pre-revised scale of 950-30-1670
corresponding revised pay scale of 1745-40-2375 for the post of
Forest Guard (Forest Beat Officer) as highly arbitrary, illegal,
discriminatory, against the principles of natural justice and violative
of fundamental rights and consequently to direct the respondent
authorities herein to fix the pay scale as stated above 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 dated NIL submitted by
the petitioners, which was forwarded to the 2nd respondent vide Memo
No.EFS01-FRSTOFSER (FSSR)/18/2019-SEC-V, dated 07.02.2019
for rectifying the anomaly and fixation of pay scale by taking into
account the pre-revised scale of 950-30-1670 corresponding revised
pay scale of 1745-40-2375 for the post of Forest Guard (Forest Beat
Officer), without touching the merits of the case.
3. Learned Government Pleader for Services-I for the respondents
readily agreed to dispose of the representation dated NIL submitted by
the petitioners, if any pending with the respondent authorities.
4. In view of the submission of learned Government Pleader for
Services-I appearing for respondents, I need not decide the truth or
otherwise of the allegations made in the writ 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 dated NIL submitted by the
petitioners, 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 the petitioners representation dated NIL,
which was forwarded to the 2nd respondent vide Memo No.EFS01-
FRSTOFSER (FSSR)/18/2019-SEC-V, dated 07.02.2019 for rectifying
the anomaly and fixation of pay scale by taking into account the pre-
revised scale of 950-30-1670 corresponding revised pay scale of 1745-
40-2375 for the post of Forest Guard (Forest Beat Officer), in
accordance with law, 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: 05.07.2022
KK
2019 (8) SCALE 544
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.18768 OF 2021
Date: 05.07.2022
KK
