Abdul Khuddus vs The State Of Andhra Pradesh
2022 Latest Caselaw 6991 AP

          THE HON'BLE DR. JUSTICE K. MANMADHA RAO

                   WRIT PETITION No.20028 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 issuing the proceedings No.E1/36/2008-P, dated 29.06.2022 whereby where under petitioner was forced to retire from service on the afternoon of 30.06.2022 on attaining the superannuation age of 60 years as highly illegal, arbitrary and violation of Principles of natural justice and contrary to G.O.Ms.No.15, dated 31.01.2022 and boards decision on 19.05.2022 and also violation of article 14, 16 and 21 of the Constitution of India and consequently to set aside the vide proceedings No.E1/36/2008-P dated 30.06.2022 by directing the respondents to continue the petitioners service in the Andhra Pradesh State Waqf Board w.e.f 30.06.2022 AN and to continue the petitioner till attaining the age of 62 years 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 16.06.2022

submitted by the petitioner, without touching the merits of the

case.

3. Learned counsel for the Government Pleader for Services-III

readily agreed to dispose of the representation dated 16.06.2022

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 16.06.2022 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

2nd respondent to dispose of representation dated 16.06.2022

submitted by the petitioner in accordance with law, within four (04)

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: 14.09.2022

KK

THE HON'BLE DR. JUSTICE K. MANMADHA RAO

WRIT PETITION No.20028 OF 2022

Date: 14.09.2022

KK