Andhra Pradesh High Court - Amravati
K.Prakash Babu vs The State Of Andhra Pradesh on 29 September, 2022
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.32118 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 that the inaction of the
respondents herein in paying the salary of the Petitioner from
January 2022 to till date, without assigning reasons thereto as
illegal, arbitrary and violative of the fundamental rights guaranteed
under Articles 14 19(1)(g) and 21 of the Constitution of India and
consequently direct the respondents herein to forthwith pay the
salary regularly along with the all the arrears payable from
01.01.2022 to till date and pass such other orders...."
2. Heard Mr. Challa Gunaranjan, learned counsel for the
petitioner; learned Government Pleader for Services-IV for 1st
respondent; Learned Government Pleader for Services-I for 2nd
respondent and Mr. M.S.R.Chandra Murthy, learned Standing
Counsel for the respondents 3 to 5.
3. 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 3rd
respondents to dispose of the representations dated 23.05.2022,
16.06.2022 and 09.09.2022 submitted by the petitioner in terms of
recommendations made by 5th respondent vide Rc.No. C2/DWMA
Empls/2020, dated 25.04.2022, without touching the merits of the
case.
4. Learned Counsels appearing for the respondents readily
agreed to dispose of the dispose of the representations dated
23.05.2022, 16.06.2022 and 09.09.2022 submitted by the
petitioners submitted by the petitioner, if any pending with the
respondent authorities.
5. 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.
6. 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 dispose of
the representations dated 23.05.2022, 16.06.2022 and 09.09.2022
2019 (8) SCALE 544
submitted by the petitioners, I find no other alternative except to
issue such direction.
7. In the result, Writ Petition is disposed of, with the consent of
both the counsel at the state of admission, while directing the 3rd
respondent to dispose of the representations dated 23.05.2022,
16.06.2022 and 09.09.2022 submitted by the petitioner, in terms
of recommendations made by 5th respondent vide Rc.No.C2/DWMA
Empls/2020, dated 25.04.2022, within four (04) weeks 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: 29.09.2022
KK
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.32118 OF 2022
Date: 29.09.2022
KK
