Andhra Pradesh High Court - Amravati
E.Anandra Rao vs The State Of Andhra Pradesh on 16 September, 2022
HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.28829 of 2022
ORDER :
This petition is filed under Article 226 of the
Constitution of India for the following relief:-
"...to issue Writ order or orders specially one in the
nature of Writ of Mandamus declaring the inaction of the
respondents in considering petitioner candidature for
promotion to the post of Junior Assistant from the feeder
category of Record Assistant even though the petitioner is
fully eligible and having requisite qualification as per rules to
hold the post of Junior Assistant under the control of the 5th
respondent management schools, as arbitrary, illegal and
violative of fundamental right guaranteed under Article 14
and 16 of the Constitution of India and consider the case of
petitioner for promotion from the date of his eligibility or from
the date of availability of vacancy under the control of the 5th
respondent management Schools with all consequential
benefits notional seniority and other monetary benefits duly
consider the representations dated 21062022 in the interest
of justice and pass such other order or orders......."
2. Though the petitioner made several allegations against
the respondents, during hearing, Mr. G. Raju, learned counsel
for the petitioner, requested this Court, without touching the
merits of the case, to issue a direction to the respondent
authority concerned to dispose of the representation, dated
21.06.2022 submitted by the petitioner.
3. Learned Government Pleader for School Education
appearing for the respondents readily agreed to dispose of the
representation of the petitioner, dated 21.06.2022, if any,
pending with the respondent authorities.
4. In view of the submission of the learned
Government Pleader, I need not decide the truth or otherwise of
the allegations made in the petition. This Court is conscious
that no such direction be issued, in view of the judgment of the
Apex Court in the case of The Government of India v.
P.Venkatesh1, wherein the Apex Court held that such orders
may make for a quick or easy disposal of cases in overburdened
adjudicatory institutions. But, they do no service to the cause of
justice. As the learned counsel for the petitioner himself
requested to issue a direction to the respondent authority
concerned to dispose of the representation, dated 21.06.2022,
submitted by the petitioner, I find no other alternative except to
issue such direction.
5. In the result, the Writ Petition is disposed of,
directing the respondent authority concerned to dispose of the
representation submitted by the petitioner dated 21.06.2022, in
2019 (8) SCALE 544
accordance with law, within a period of six (06) weeks from
today. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ
Petition shall stand closed.
______________________________
DR. K. MANMADHA RAO, J.
Date : 16-09-2022
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HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.28829 OF 2022
Date : 16-09-2022
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