V Bhaktavatchala Reddy vs The State Of Andhra Pradesh
2022 Latest Caselaw 7816 AP

          THE HON'BLE DR. JUSTICE K. MANMADHA RAO

                   WRIT PETITION No.33268 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 the action of the respondents in not releasing the pensionary benefits to the petitioner by counting the deputed services of the petitioner from the date of 25.11.1987 to 30.04.1994 i.e till his absorption in to the 5th respondent institution as illegal, arbitrary and contrary to law and also violation of articles 14, 16 and 21 of constitution of India and consequently direct the respondents to release the pension and other retiremental benefits to the petitioner by counting the deputed services of the petitioner from the date of 25.11.1987 to 30.04.1994 i.e till his absorption in to the 5 th respondent institution 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 representation dated 09.04.2022

submitted by the petitioner, without touching the merits of the

case.

3. Learned counsel for the Government Pleader for Higher

Education for the respondents readily agreed to dispose of the

representation dated 09.04.2022 submitted by the petitioner, if any

pending with the respondent authorities.

4. In view of the submission of learned Government Pleader

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

representation dated 09.04.2022 submitted by the petitioner, I find

no other alternative except to issue such direction.

6. In the result, Writ Petition is disposed of, while directing the

1st respondent to dispose of representation dated 09.04.2022

submitted by the petitioner in accordance with law, within eight

(08) 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: 13.10.2022

KK

2019 (8) SCALE 544

THE HON'BLE DR. JUSTICE K. MANMADHA RAO

WRIT PETITION No.33268 OF 2022

Date: 13.10.2022

KK