Andhra Pradesh High Court - Amravati
Venkata Narasimha Rao Makana vs The State Of Andhra Pradesh on 21 February, 2023
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No. 2091 of 2023
ORDER:
The writ petition is filed under Article 226 of the
Constitution of India for the following relief:
"... to issue an order or direction more in the nature of
Writ of Mandamus declaring the action of the
respondents in not disposing the petitioner
representation dated 21.11.2022 seeking for refixation
of seniority in the post of Deputy Executive Engineer
with effect from 29.3.2011 instead of 06.01.2020 and
extending the same benefit to similarly placed
employees implemented with retrospective effect from
18.02.2009 through G.O.Rt.No.70, Housing(VC)
Department Dt.10.11.2020 to similarly placed employee
as illegal, arbitrary, violative of Principles of Natural
Justice and violative of Articles 14 and 16 of the
Constitution of India as well as Honorable Supreme
Court of India in Civil Appeal No.17869-17870/2017
Judgment dated 03.11.2017 and M.A.Nos.1795-
1796/2017 dated 22.01.2018 in Civil Appeal No.17869-
17870/2017 and consequentially direct the
respondents to pass final orders on the petitioner
representation dated 21.11.2022 for refixation of
seniority in the post of Deputy Executive Engineer with
effect from 29.03.2011 duly taking in to consideration of
Honorable Supreme Court of India in Civil Appeal
No.17869-17870/2017 Judgment dated 03.11.2017
and MA.Nos. 1795-1796/2017 dated 22.01.2018 in
Civil Appeal No.17869-17870/2017 in a time limit and
to pass such other order or orders....."
2. Heard learned counsel for the petitioner and learned counsel
for the respondents.
3. Learned counsel for the petitioner would submit that the
prayer in the Writ Petition is for consideration of the petitioner's
representation dated 21.11.2022 submitted to respondent Nos.1 &
2, seeking refixation of seniority in the post of Deputy Executive
Engineer with effect from 29.03.2011 instead of 06.01.2020.
4. Learned Government Pleader appearing for the respondents
would submit that the petitioner's representation dated
21.11.2022 would be considered by respondent Nos.1 & 2 in
accordance with law, within a reasonable time.
5. Having regard to the submissions made by learned counsel
for the petitioner and in view of the submissions made by learned
Government Pleader, this Court is of the considered view that the
Writ Petition can be disposed of directing respondent Nos.1 & 2 to
consider the petitioner's representation dated 21.11.2022 within a
period of two (02) months from the date of receipt of a copy of this
order.
6. With the above said direction, the Writ Petition is disposed
of. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in the
writ petition shall stand closed.
______________________________________
VENKATESWARLU NIMMAGADDA, J
21.02.2023
BSP
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No. 2091 of 2023
21.02.2023
BSP
