Billa Prakash Rao vs The State Of Andhra Pradesh
2022 Latest Caselaw 7128 AP

          THE HON'BLE DR. JUSTICE K. MANMADHA RAO

                   WRIT PETITION No.19226 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 extending the benefit of old pension scheme under A.P.Revised Pension Rules 1980 in favour of the petitioners on par with similarly situated persons who were appointed prior to 01.09.2004 is illegal, arbitrary, unjust, discriminatory and violative of Article 14 of the Constitution of India and consequently direct the respondents to permit the petitioners to switch over from new pension scheme vide G.O.Ms.No.654 and 655 Finance (Pension-I) Department, dated 22.09.2004 to that of old pension scheme under A.P.Revised Pension Rules, 1980 on par with similarly situated persons with effect from 17.10.2002 and pass such other orders...."

2. Though the petitioners 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 18.05.2022

submitted by the petitioners, 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 18.05.2022

submitted by the petitioners, 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 petitioners

himself requested to issue a direction to dispose of the

representation dated 18.05.2022 submitted by the petitioner, I find

no other alternative except to issue such direction.

6. In the result, Writ Petition is disposed of, while directing the

respondents to dispose of representation dated 18.05.2022 and

submitted by the petitioners in accordance with law, 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: 16.09.2022

KK

THE HON'BLE DR. JUSTICE K. MANMADHA RAO

WRIT PETITION No.19226 OF 2022

Date: 16.09.2022

KK