Andhra Pradesh High Court - Amravati
Ch.Rama Rao vs The State Of Andhra Pradesh on 30 September, 2022
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.32340 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 declare the action of the 1st respondent
in not absorbing the petitioners against the vacancies of Office
Subordinate Posts, available in APEWIDC on par with similarly
appointed NMRs, who are drawing regular scales, by duly
considering the Proceedings Rc.No.E1/MD/APEWIDC/2020, dated
15.06.2021 issued by the 2nd respondent as one time exception, as
illegal, arbitrary and discrimination and in violative of Article 14,
16 and 21 of the Constitution of India and contrary to the Settled
Law of the Hon'ble Supreme Court of India reported in (2010) 9
SCC 247, consequently direct the respondents to absorb the
petitioners against the available vacancies of OS posts in
APEWIDC, by extending regular pay scales on par with the
petitioners in W.P.No.41623 of 2015, who are drawing and
appointed along with the petitioners herein, working in APEWIDC
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 03.01.2022
submitted by the petitioner, 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 03.01.2022
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 petitioners
himself requested to issue a direction to dispose of the
representation dated 03.01.2022 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
petitioners to submit fresh representation to the respondents
within 15 days from the date of receipt of a copy of this order. On
such submission, directing the respondents to consider the fresh
representation of the petitioners along with representation dated
2019 (8) SCALE 544
03.01.2022 submitted by the petitioner and pass appropriate
reasoned orders in accordance with law, within six (06) weeks
thereafter. No costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
___________________________
DR.K. MANMADHA RAO, J
Date: 30.09.2022
KK
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.32340 OF 2022
Date: 30.09.2022
KK
