Citation : 2022 Latest Caselaw 6923 AP
Judgement Date : 13 September, 2022
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.29151 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 granting increments, paying D.As and giving promotions and further not regularizing petitioner's suspension period treating it as duty period, for all the further service purposes in spite of petitioner's several personal approaches and representation as illegal and arbitrary and in violation of principles of natural justice and in contravention of Article 14 16 and 21 of the Constitution of India and also contrary to the Service Rules consequently direct the Respondents to grant increments pay D.As and give promotions to the petitioner by duly regularizing his suspension period treating it as duty period for all the further service purposes forth with 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 representations dated 07.07.2022
and 15.07.2020 submitted by the petitioner, without touching the
merits of the case.
3. Learned counsel for the Government Pleader for Services-IV
readily agreed to dispose of the representations dated 07.07.2022
and 15.07.2020 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
representations dated 07.07.2022 and 15.07.2020 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
respondents to dispose of representations dated 07.07.2022 and
15.07.2020 submitted by the petitioner, within six (06) 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: 12.09.2022
KK
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.29151 OF 2022
Date: 12.09.2022
KK
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