Citation : 2021 Latest Caselaw 645 Tel
Judgement Date : 2 March, 2021
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION No.4812 of 2021
ORDER:
This writ petition is being disposed of at the stage of admission
with the consent of both parties.
This writ petition is filed seeking the following relief:
"...to issue any appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd and 4th respondents in implementing the Presidential Order in notifying the Junior Assistant-cum-Computer Operator posts in the impugned notification No.3 of 2019, dated 28.09.2019, as illegal, arbitrary, discriminatory, unjust, unfair, irrational, unreasonable, unlawful, unconstitutional, non-application of mind, colorful exercise, whimsical and against to the Article 14, 16,19 and 21 of Constitution of India and also contrary to the Presidential Order issued by the 1st respondent vide G.O.Ms.No.124, GAD, dated 30.08.2018 and G.O.Ms.No.132, GAD, dated 01.09.2018 and against the catena of judgments of an Apex Court and this Hon'ble Court and set aside the same and pass such other orders may deem fit in the circumstances of the case."
Heard learned counsel for the parties.
It has been contended by the petitioner that he has applied for
the post of Junior Assistant-cum-Computer Operator in pursuance of
the notification dated 28.09.2019 issued by the respondents and has
undergone regular selection process. The grievance of the petitioner
is that though he has responded to the said notification and undergone 2 AKS,J W.P.No.4812 of 2021
regular selection process, his case is not being considered for
appointment to the post of Junior Assistant-cum-Computer Operator.
In those set of circumstances, the petitioner has submitted a detailed
representation to the respondents on 04.12.2020, but so far the
respondents have not passed any orders on the said representation.
Therefore, counsel for the petitioner has contended that
appropriate orders be passed in the writ petition directing the
respondents to consider the representation submitted by the petitioner
on 04.12.2020 and pass appropriate orders in accordance with law.
Standing Counsel appearing for the respondents had contended
that since the petitioner's representation is pending with the
respondents, the respondents would consider the same and pass
appropriate orders in accordance with law.
This Court, having considered the rival submissions made by
learned counsel for respective parties, is of the considered view that
this writ petition can be disposed of directing the respondents to
consider the representation submitted by the petitioner on 04.12.2020
and pass appropriate orders, in accordance with law, within a
reasonable period of time, preferably within eight weeks from the date
of receipt of a copy of this order.
With the above observations, the writ petition is disposed of.
No order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
______________________________ ABHINAND KUMAR SHAVILI, J 02-03-2021 vv
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