Andhra Pradesh High Court - Amravati
Katari Sridevi vs The State Of Andhra Pradesh on 5 September, 2022
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.26203 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
a) declaring the entire action of the respondents, particularly the
entire action of the 3rd and 4th respondents in not sanctioning
Ex-gratia to the petitioners in terms of G.O.Ms.No.25 Finance
(HR.1-Plg & Policy) Dept dated 18.02.2019 of the 2nd
respondent, despite of making repeated representations by
enclosing relevant documents as well as representation through
President of the Contract Workers Union requesting for sanction
of Ex-gratia to the petitioners as legal heirs to the deceased
contract employees is as highly illegal, arbitrary, unjust,
contrary to orders issued by the 2nd respondent in
G.O.Ms.No.25 Finance (HR.1-Plg & Policy) Dept., dated
18.02.2019.
b) and consequently to direct the respondents to forthwith take
necessary steps for sanction of Ex-gratia to the petitioners
herein (who are legal heirs to deceased contract employees) in
terms of G.O.Ms.No.25 Finance (HR.1-Plg & Policy) Dept., dated
18.02.2019 of the 2nd respondent and pass such other
orders...."
2. Though the petitioner made several allegations against the
respondents, during the course of hearing learned counsel for the
petitioners requested this Court to issue a direction to the
respondents to dispose of the representations dated 22.02.2022,
02.06.2021, 29.01.2021, 12.09.2021, 18.03.2021 and 04.03.2021
submitted by the petitioners in terms of G.O.Ms.No. 25, Finance
(HR.1-Plg & Policy) Department, dated 18.02.2019, without
touching the merits of the case.
3. Mr. K. Sreedhar Murthy, learned Standing Counsel for the
respondents/ Municipality and learned Government Pleader for
Services-IV readily agreed to dispose of the representations dated
22.02.2022, 02.06.2021, 29.01.2021, 12.09.2021, 18.03.2021 and
04.03.2021 submitted by the petitioners, if any pending with the
respondent authorities.
4. 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.
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 petitioners
himself requested to issue a direction to dispose of the
representations dated 22.02.2022, 02.06.2021, 29.01.2021,
2019 (8) SCALE 544
12.09.2021, 18.03.2021 and 04.03.2021 submitted by the
petitioners, I find no other alternative except to issue such
direction.
6. In the result, Writ Petition is disposed of, with the consent of
both the counsel, while directing the directing the respondents to
dispose of representations dated 22.02.2022, 02.06.2021,
29.01.2021, 12.09.2021, 18.03.2021 and 04.03.2021 submitted by
the petitioners in petitioners in terms of G.O.Ms.No.25, Finance
(HR.1-Plg & Policy) Department, dated 18.02.2019, within four (04)
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: 05.09.2022
KK
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.26203 OF 2022
Date: 05.09.2022
KK
