Citation : 2022 Latest Caselaw 7130 AP
Judgement Date : 16 September, 2022
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.26721 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 respondent No.2 in not appointing the petitioner on compassionate grounds since 2016 as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to appoint the petitioner in suitable post by passing appropriate orders as expeditiously as possible 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 07.01.2019
and 23.08.2019 submitted by the petitioner, without touching the
merits of the case.
3. Learned counsel for the Government Pleader for Home
readily agreed to dispose of the representations dated 07.01.2019
and 23.08.2019 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 07.01.2019 and 23.08.2019 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 representations dated 07.01.2019 and
23.08.2019 submitted by the petitioner 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.26721 OF 2022
Date: 16.09.2022
KK
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