Smt.Sambana Sundari.Mani vs The State Of Andhra Pradesh,
2024 Latest Caselaw 8721 AP

Andhra Pradesh High Court - Amravati

Smt.Sambana Sundari.Mani vs The State Of Andhra Pradesh, on 20 September, 2024

 APHC010109792022
                      IN THE HIGH COURT OF ANDHRA PRADESH
                                    AT AMARAVATI                                     [3310]
                             (Special Original Jurisdiction)

               FRIDAY ,THE TWENTIETH DAY OF SEPTEMBER
                   TWO THOUSAND AND TWENTY FOUR

                                        PRESENT

            THE HONOURABLE DR JUSTICE K MANMADHA RAO

                        WRIT PETITION NO: 6633 OF 2022

Between:

Smt. Sambana Sundari mani                                                 ...PETITIONER

                                           AND

The State Of Andhra Pradesh and Others                              ...RESPONDENT(S)

Counsel for the Petitioner:

   1. KRISHNA RAO M

Counsel for the Respondent(S):

   1. GP FOR SERVICES I

The Court made the following:

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.4 in stoppin stopping the duel Family Pension from November 1997 as highly arbitrary, contrary vide Circular No. 15, dated 04.03.2013 and violation of the Article 14, 16 and 21 of the Constitution of India and consequently direct the 4th respondent to release the duel family pension w.e.f November, 1997 and continue to pay the same including arrears and pass such other orders...."

2. Heard Mr. M. Krishna Rao, learned counsel for the petitioner and

learned Assistant Government Pleader, Services-I for the respondents.

3. Though the petitioner made several allegations against the

respondents, during the course of hearing learned counsel for the petitioner

requested this Court without touching the merits of the case, to issue a

direction to the 4th respondent to dispose of the representation dated

14.11.2018 submitted by the petitioner.

4. Learned Assistant Government Pleader for the respondents

submitted that since it is a old representation, requested this Court to issue a

direction to the petitioner to submit fresh application along with relevant

documents to the 4th respondent so as to pass orders within time as fixed by

this Court.

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 make 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 representation filed by the

petitioner, I find no other alternative except to issue such direction.

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

submit fresh representation along with relevant documents to the 4th

2019 (8) SCALE 544 respondent, on such submission, the 4th respondent is directed to dispose of

the representation along with old representation dated 14.11.2018 after

affording ample opportunity of hearing of the petitioner in accordance with law,

within three (03) months thereafter. There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, shall also stand

closed.

_____________________________ DR. JUSTICE K. MANMADHA RAO Dated: 20.09.2024.

KK