Citation : 2022 Latest Caselaw 7015 AP
Judgement Date : 14 September, 2022
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.29676 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 respondents in not considering the case of the petitioner who is working as Anganwadi Helper of Dokkalapalli-I village of Agali Mandal, Satyasai District for not promoting to the post of Anganawadi Worker, Dokkalapalli Village, H/o Inagalore, Agali Mandal, Satyasai District, without following due process of law as illegal, arbitrary, colourable exercise of power and violative of Article 14, 21 and 300-A of the Constitution of India and in violation of principles of Natural Justice consequently direct the 4th respondent to pass orders on petitioners representation in Spandana Programme dated 09.05.2022 by duly staying the notification issued by the 5th respondent dated 10.09.2022 for the post of Anganwadi Worker of Dokkalapalli village of Agali Mandal, Satyasai District 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 09.05.2022
submitted by the petitioner in terms of Memo No.16037/15/
2018-1, dated 13.12.2018, issued by the Special Commissioner,
Women Development and Child Welfare Department, A.P, Guntur,
without touching the merits of the case.
3. Learned Government Pleader for Women Development and
Child Welfare for the respondents readily agreed to dispose of the
representation dated 09.05.2022 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 09.05.2022 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 4th respondent to dispose of
representation dated 09.05.2022 submitted by the petitioner in
terms of Memo No.16037/15/2018-1, dated 13.12.2018, issued by
the Special Commissioner, Women Development and Child Welfare
2019 (8) SCALE 544
Department, A.P, Guntur, within seven (07) 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: 14.09.2022
Note: Issue C.C by today B/o KK
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.29676 OF 2022
Date: 14.09.2022
Note: Issue C.C by today B/o KK
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