Andhra Pradesh High Court - Amravati
P Charles Scott vs The State Of Ap on 19 February, 2021
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.4117 OF 2021
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 in the nature of Writ of Mandamus declaring the action of the respondents 2 and 3 in not filling up of the vacancies in spite of the circular in Rc.No.11049/4/2018-ADMN/2018, dated 26.07.2019 for filling of the vacancies available in the Andhra Pradesh Tribal Welfare Residential Education Institution Society (Gurukulam), Amaravathi, which are sanctioned vide G.O.Ms.No.129, Finance (HR.III) Department, dated 05.08.2017 for filling up of the Junior Assistants/Data Entry Operators immediately by following the due process as illegal, arbitrary and violation of Article 14, 19 and 21 of the Constitution of India and consequently direct the respondents to consider the representation of the petitioner, dated 28.11.2020."
2. Though the petitioner made several allegations against the respondents, during hearing, the learned counsel for the petitioner requested this Court without touching the merits of the case, to issue a direction to the respondents to dispose of the representation of the petitioner, dated 28.11.2020.
3. Learned Government Pleader for Tribal Welfare readily agreed to dispose of the representation of the petitioner if any, pending with the respondents authorities.
4. In view of the submission of the learned Government Pleader for Tribal Welfare, 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 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 1 2019 (8) SCALE 544 2 overburdened adjudicatory institutions. But, they do not service to the cause of justice. As the learned counsel for the petitioner himself requested to dispose of the representation of the petitioner, dated 28.11.2020, I find no other alternative except to issue such direction.
In the result, the Writ Petition is disposed of, directing the respondents to dispose of the representation of the petitioner, dated 28.11.2020, in accordance with law, keeping in view the impugned proceedings in Rc.No.11049/4/2018-ADMN/2018, dated 26.07.2019, within four (4) weeks from today. No costs.
The miscellaneous petitions pending, if any in the Writ Petition, shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 19.02.2021 IS