Citation : 2024 Latest Caselaw 8949 AP
Judgement Date : 26 September, 2024
1
APHC010108162021
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
THURSDAY ,THE TWENTY SIXTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 7892/2021
Between:
Smt. D. Noorjahan, ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. VENKAT REDDY KODUMURY
Counsel for the Respondent(S):
1. GP FOR SERVICES I
The Court made the following:
ORDER :
This petition is filed under Article 226 of the Constitution of India for the
following relief:-
"...to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not allowing me to perform duties as Junior Assistant elsewhereandnot paying salaries without following due process of law and not giving posting orders is illegal, arbitrary, unjust and violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to allow the petitioner to perform duties as Junior Assistant in any work place by considering representation dated 12.01.2021 and pass such other order or orders......."
2. Heard learned counsel appearing for the petitioner and learned
Assistant Government Pleader for Services-I appearing for the respondents.
3. On hearing, learned counsel for the petitioner, requested this Court,
without touching the merits of the case, to issue a direction to the respondent
authority concerned to dispose of the representations, dated 22.09.2020 and
12.01.2021 submitted by the petitioner.
4. Ms. P.Sudeepthi, learned Government Pleader appearing for the
respondents readily agreed to dispose of the representations of the petitioner,
dated 22.09.2020 & 12.01.2021, if any, pending with the respondent
authorities.
5. In view of the submission of the learned Assistant Government
Pleader, I need not decide the truth or otherwise of the allegations made in the
petition. This Court is conscious that no such direction be issued, in view of
the judgment of the Apex Court in the case of 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 no service to the cause of justice. As the learned counsel for the
petitioner himself requested to issue a direction to the respondent authority
concerned to dispose of the representations, dated 30.06.2022 & 05.07.2022,
submitted by the petitioner, I find no other alternative except to issue such
direction.
6. In the result, the Writ Petition is disposed of, directing the 2nd
respondent to dispose of the representations submitted by the petitioner dated
2019 (8) SCALE 544
22.09.2020 & 12.01.2021, in accordance with law, within a period of three (03)
months from today. There shall be no order as to costs.
7. Miscellaneous petitions pending, if any, in this Writ Petition shall
stand closed.
______________________________ DR. K. MANMADHA RAO, J.
Date : 26-09-2024 Gvl
HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.7892 OF 2022
Date : 26-09-2024
Gvl
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