Andhra Pradesh High Court - Amravati
K Venkanna Babu vs The State Of Ap on 6 September, 2022
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.28359 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 implementing the transfer and posting orders of the petitioner
issued by the District Educational Officer, East Godavari in
RC.No.SPL/2814/2020, dated 14.01.2020 for his transfer to ZPHS,
Nandigama padu of Yetapaka Mandal the then East Godavari
District, inspite of the orders issued by the DEO, in Rc.No.ESEO2-
13021/12/2021-EST 3-CSB-1 dt 12.11.2021 and the orders issued
by the RJD, School Education, Kakinada, in Rc.No.928/A5/2022
dt. 10.07.2022 as illegal, arbitrary and violation of Article 14, 16
and 21 of Constitution of India and consequently declare that the
petitioner is entitled to continue as School Assistant (Physical
Sciences) at ZPHS, Nandigamapadu of Yetapaka Mandal presently
ASR District till he completes minimum period of 5 years in the
interests of justice 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 4 to 7 to dispose of the representations dated
10.03.2022, 13.05.2022 and 04.08.2022 submitted by the
petitioner, pursuant to the proceedings of the 2nd respondent vide
Rc.No.ESE02-13021/12/2021-EST 3-CSE-1, dated 12.11.2021
and proceedings of the 3rd respondent vide Rc.No.928/A5/2022,
dated 20.07.2022, without touching the merits of the case.
3. Learned counsel for the Government Pleader for Services-III
readily agreed to dispose of the representations dated 10.03.2022,
13.05.2022 and 04.08.2022 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 10.03.2022 submitted by the petitioner, 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 respondents 4 to 7 to dispose
2019 (8) SCALE 544
of representations dated 10.03.2022, 13.05.2022 and 04.08.2022
pursuant to the proceedings of the 2nd respondent vide
Rc.No.ESE02-13021/12/2021-EST 3-CSE-1, dated 12.11.2021
and proceedings of the 3rd respondent vide Rc.No.928/A5/2022,
dated 20.07.2022, within fifteen (15) days 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: 06.09.2022
KK
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.28359 OF 2022
Date: 06.09.2022
KK
