Andhra Pradesh High Court - Amravati
A L Srinivasa Rao vs The State Of Ap on 12 October, 2022
HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.32738 of 2022
ORDER :
This petition is filed under Article 226 of the
Constitution of India for 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 2nd respondent in not considering the
representations dated 16.08.2022 of the petitioners
requesting not to promote the nonteaching staff as junior
lecturers under 10percent quota which was already filled in
Civics Economics Telugu and Hindu Languages till the
regularization process completed in accordance with vide
G.O.RT.No.2657, dated 26.11.2019 and G.O.RT.No.1567
dated 10.07.2019, as illegal, arbitrary and against the
principles of natural justice and also violative of Articles 14,
19 and 21 of the Constitution of India and consequently
direct the respondents not to proceed further to fill the 10%
quota on each subject in each zone by the nonteaching staff
by continuing the petitioners as Junior Lecturers in their
respective places in the interest of justice and pass such
other order or orders......."
2. Though the petitioners made several allegations
against the respondents, during hearing, Mr. G.V.L. Murthy,
learned counsel for the petitioners requested this Court, without
touching the merits of the case, to issue a direction to the
respondent authority concerned to dispose of the
representation, dated 16.08.2022 submitted by the petitioners.
3. Heard Mr. G.V.L. Murthy, learned counsel
appearing for the petitioners and learned Government Pleader
for Services-III appearing for the respondents.
4. Learned Government Pleader appearing for the
respondents readily agreed to dispose of the representations of
the petitioners, dated 16.08.2022, if any, pending with the
respondent authorities.
5. In view of the submission of the learned
Government Pleader, I need not decide the truth or otherwise of
the allegations made in the petition. This Court is conscious
that no such direction be issued, in view of the judgment of the
Apex Court in the case of The Government of India v.
P.Venkatesh1, wherein the Apex Court held that such orders
may make for a quick or easy disposal of cases in overburdened
adjudicatory institutions. But, they do no service to the cause of
justice. As the learned counsel for the petitioner himself
requested to issue a direction to the respondent authority
concerned to dispose of the representation, dated 16.08.2022,
submitted by the petitioners, I find no other alternative except
to issue such direction.
2019 (8) SCALE 544
6. In the result, the Writ Petition is disposed of,
directing the respondent authority concerned to dispose of the
representation submitted by the petitioners dated 16.08.2022,
in accordance with law, within a period of six (06) weeks from
today. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ
Petition shall stand closed.
______________________________
DR. K. MANMADHA RAO, J.
Date : 12-10-2022
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HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.32738 OF 2022
Date : 12-10-2022
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