THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.31173 OF 2022
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 that Office Order No Ea/255(13)/2021-PD dated 08.10.2022 to the extent of not considering the petitioner for promotion to the next higher post of Assistant Mechanical Engineer from the year 2015 till October 2021 on par with Respondent No.4 and 5 and 32 other juniors is arbitrary, unjust, contrary to APSRTC Employees C.C & A Regulations, Service Regulations, Recruitment Regulations and A.P.State and Subordinate Service Rules 1996 and A.P.P.T.D State and Subordinate Service Rules 2021, discriminatory and in violation of Articles 14, 16(1) and 21 of the Constitution of India and set aside the same to that extent and consequently direct the Respondents to consider the claim of the petitioner for promotion to the post of Assistant Mechanical Engineer from the year 2015 on par with his immediate juniors Respondent Nos.4 and 5 with all consequential benefits including the difference of salary duly modifying promotion Order No.Ea/255(06)/2021-PD.1 dated 29.10.2021 accordingly in the interest of justice and fair play and pass such other orders...."
2. Heard Mr. A.G.Satyanarayana Rao, learned counsel for the
petitioner and Mr. N. Srihari, learned Standing Counsel for the
respondents.
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3. 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 1st
respondent to dispose of the Appeal filed by the petitioner dated
11.01.2022 (which is material papers 43 to 45 in the writ petition),
without touching the merits of the case.
4. Learned Standing Counsel appearing for the respondents
and readily agreed to dispose of the Appeal filed by the petitioner
dated 11.01.2022, if any pending with the respondent authorities.
5. In view of the submission of learned counsel appearing for
respondents, I need not decide the truth or otherwise of the
allegations made in the petition.
6. 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 Appeal filed
by the petitioner dated 11.01.2022, I find no other alternative
except to issue such direction.
1 2019 (8) SCALE 544 3
7. In the result, Writ Petition is disposed of, while directing the
1st respondent to dispose of the Appeal filed by the petitioner dated
11.01.2022 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: 10.10.2022
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THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.31173 OF 2022
Date: 10.10.2022
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