RC,J
W.P.No.27121 of 2021
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HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION No. 27121 of 2021
ORDER:
This Writ Petition has been filed by the petitioner invoking the
jurisdiction of this Court under Article 226 of the Constitution of India for the
following relief:
".... to issue an order or direction, more particularly, one in the nature of Mandamus, declaring the inaction of the respondent No.2 in not processing the pension proposals dated 10.11.2018 of the petitioner who retired as Head Master in the 3rd respondent aided school on 31.10.2018, as illegal, improper, unconstitutional being violative of Articles 14, 21 and 300-A of the Constitution of India, declare the action of the respondent No.2 in not processing pension proposals for the last three (03) years, thus violating my right to life under Article 21, as unconstitutional, consequently to direct the 2nd respondent to process petitioner's pension proposals and forward the same to the concerned Accountant General who is competent to sanction the retirement benefits...."
2. When the matter is taken up for hearing, Sri P.Gangaiah Naidu,
learned senior counsel for the petitioner, while submitting that the petitioner,
as remainders, submitted letters dated 10.11.2018, 20.11.2019 and
06.08.2021 to the 2nd respondent to forward his pension proposals to the
office of the Accountant General for early sanction of pension, but the 2nd
respondent kept them pending, requested this Court that an order directing
the 2nd respondent to dispose the letters submitted by the petitioner would
suffice for the time being. The learned senior counsel further submitted that
the petitioner's case is supported by judgments of the Hon'ble Supreme
Court.
RC,J W.P.No.27121 of 2021
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3. The learned Government Pleader for School Education submitted that
if such a direction is given, the 2nd respondent would dispose of the
representations made by the petitioner by way of letters referred to above,
however requested this Court to direct the petitioner to submit a
representation afresh to obviate any inconvenience and further delay.
4. In view of the submissions made by the learned counsel on record,
this Court, without going into the merits of the case, deems it fit and
appropriate to dispose of the writ petition, with a direction to the petitioner to
submit representation afresh in consonance with his letters dated
10.11.2018, 20.11.2019 and 06.08.2021 by raising all the pleas and duly
enclosing the judicial pronouncements in support of his claim, within a week
from this day and on such representation, the 2nd respondent is directed to
dispose it of preferably within four (04) weeks from the date of receipt of the
said representation. There shall be no order as to costs.
As sequel thereto, miscellaneous petition, if any, pending shall stand
closed. Interim orders, if any, shall stand vacated.
_________________________ JUSTICE RAVI CHEEMALAPATI 04th May, 2022 RR RC,J W.P.No.27121 of 2021
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HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION No.27121 of 2021
4TH May, 2022
RR
