G Adinarayana vs Ap Power Generation Corporation ...
2022 Latest Caselaw 3887 AP

              THE HON'BLE DR. JUSTICE K. MANMADHA RAO

                       WRIT PETITION No.14295 OF 2020

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 Respondent No.1 in denying the benefit of earned leave encashment as being violative of the leave regulations and Service Regulations of Respondent arbitrary, void, illegal, violative of principles of natural justice Article 14 and Article 300-A of the constitution of India and consequently direct Respondent No.1 to disburse the amount towards the earned leave for 300 days and pass such other orders...."

2. No counter affidavit is filed by the respondents till today

since 2020 and adjourning the matter for filing counter affidavit,

again learned Standing Counsel for the respondents sought time for

filing counter affidavit. It appears that the respondents did not choose

to file counter affidavit and failed to comply with the Rule 12(1) of the

Writ Proceedings Rules, 1977. Following the decision of erstwhile High

Court of Andhra Pradesh in "J. Ramachandraiah Vs. Government

of Andhra Pradesh and Others"1 this Court finds that the

respondents violated the Rule 12 of the Writ Proceedings Rules, 1977.

Therefore, this Court without expecting counter affidavit by the

respondents, decided to dispose of the representations viz., emails

dated 19.12.2019, 17.01.2020 and 16.02.2020 only, without touching

the merits of the case, I need not decide the truth or otherwise of the

allegations made in the petition.

3. This Court is conscious that no such direction be issued in

view of the judgment of the Apex Court in The Government of India

2012 SCC Online AP 730: (2012) 4 ALD 366

v. P.Venkatesh2, 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.

Therefore this Court feels to issue a direction to dispose of the

representations viz., emails dated 19.12.2019, 17.01.2020 and

16.02.2020 submitted by the petitioner, I find no other alternative

except to issue such direction.

4. In the result, Writ Petition is disposed of, directing the

respondents to dispose of representations viz., emails dated

19.12.2019, 17.01.2020 and 16.02.2020 submitted by the petitioner,

in accordance with law, 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: 11.07.2022

KK

2019 (8) SCALE 544

THE HON'BLE DR. JUSTICE K. MANMADHA RAO

WRIT PETITION No.14295 OF 2020

Date: 11.07.2022

KK