Andhra Pradesh High Court - Amravati
Seena Naik vs The State Of Andhra Pradesh ... on 5 May, 2022
Bench: K Manmadha Rao
THE HON'BLE Dr.JUSTICE K. MANMADHA RAO
WRIT PETITION No.12696 OF 2018
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 to declaring the action of the
respondents, particularly Respondent No.4 department officials in
not taking any action despite of many representations in not sending
a single call letter to the petitioner, who is for all this 23 years having
registered and gaining seniority of almost two and half decades from
any State or Central Government Office through the Employment
Exchange, though Petitioner belonging to a Schedule Tribe, having
surrendered and joined in the main stream life from the under
ground politics of Naxalism, while all others who are much juniors or
less qualified are getting call letters and many of them settle in jobs
also is illegal and unlawful, discriminatory and prejudicial apart from
being violative of Article 14, 15 and 21 of Constitution of India,
consequently direct the respondents particularly the 4th respondent
to issue immediately call letters to him depending on the
qualifications and seniority and thereby provide him a job and
livelihood to him and his family members and also order for an
enquiry into the rampant corrupt practice in the 4th respondent office
in sending call letters to the registered unemployees there and pass
such other orders...."
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 respondents
to dispose of the representations dated 16.06.2016, 19.01.2017,
01.05.2017 and 16.06.2017 submitted by the petitioner, without
touching the merits of the case.
3. Learned Government Pleader for Services-I appearing for
respondents readily agreed to dispose of the representations dated
16.06.2016, 19.01.2017, 01.05.2017 and 16.06.2017 submitted by
the petitioner, if any pending with the respondent authorities.
4. In view of the submission of Government Pleader for Services-I
appearing for respondents, 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 16.06.2016,
19.01.2017, 01.05.2017 and 16.06.2017 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 4TH
respondent to dispose of representations dated 16.06.2016,
19.01.2017, 01.05.2017 and 16.06.2017, in accordance with law,
within four (04) weeks from the date of receipt of a copy of this order.
Further, liberty is given to the petitioner to submit fresh
representation to the 4th respondent forthwith, if the above said
representations are not made available in the office of the 4th
respondent. No costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
____________________________
Dr. K. MANMADHA RAO, J
Date: 05.05.2022
KK
2019 (8) SCALE 544
THE HON'BLE Dr.JUSTICE K. MANMADHA RAO
WRIT PETITION No.12696 OF 2018
Date: 05.05.2022
KK
