Citation : 2022 Latest Caselaw 6637 AP
Judgement Date : 9 September, 2022
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.28187 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 by declaring the action of the respondents in not considering the petitioner's claim for appointment on compassionate grounds, as per Government Memo dated 08.10.2003 and other relevant G.Os is highly illegal and arbitrary and contrary to various judicial pronouncements in the subject matter including the scheme issued by the Government and consequently direct the respondents to consider the claim of the petitioner for compassionate appointment in a suitable post by considering the representation submitted by the petitioner dated 05.10.2021 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 representation dated 05.10.2021
submitted by the petitioner, without touching the merits of the
case.
3. Mr. G.V.S.Kishore Kumar, learned Standing Counsel for the
respondents readily agreed to dispose of the representation dated
05.10.2021 submitted by the petitioner, 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 petitioner
himself requested to issue a direction to dispose of the
representation dated 05.10.2021 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 at the state of admission, while directing the
respondents to dispose of representation dated 05.10.2021
submitted by the petitioner strictly in accordance with G.Os and
existing rules, within four (04) weeks from the date of receipt of a
copy of this order. No costs.
2019 (8) SCALE 544
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
___________________________ DR.K. MANMADHA RAO, J
Date: 09.09.2022
KK
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.28187 OF 2022
Date: 09.09.2022
KK
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