Disposed

T. Ashok, v. The Chairman and Managing Director

Andhra Pradesh HC29 Dec 2020WP/23093/2020

Case brief

AI extract

What is this about?

Petitioners sought a writ directing promotion based on seniority. The Court did not decide merits but directed the respondents to dispose of a pending representation dated 18.10.2019 within a month, citing a Supreme Court judgment.

What did the court decide?

Direction to respondents to dispose of the representation dated 18.10.2019 in accordance with law within a month.

T. Ashok, Vs The Chairman and… — Pension and Retirement Benefits | Andhra Pradesh HC (2020)

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.23093 OF 2020

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ORDER :

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This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

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“to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not promoting the petitioners to the post of Additional Assistant Engineers (Electrical) through appointment by transfer pursuant to the Final Integrated Service Particulars (Seniority Lists) of SubEngineers and O & M Staff issued by the 1^st respondent vide Memo No.E.No.8690-EPCOR-06002(44)/4/2015-MPS-2-COR (F.No.1255/08) /D.No./156520/2018 Dt.04-04-2018 despite the representation of the petitioners dt 18-10-2019 as illegal, arbitrary and unjust and in violation of principles of natural justice, Articles 14 and 21 of the Constitution of India and APSEB Service Regulations and consequently to direct them to promote the petitioners by appointment on transfer to the posts of Additional Assistant Engineers (Electrical) and pass such other order....”

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Though the petitioners made several allegations against the respondents, during hearing, learned counsel for the petitioners, Sri M.Ravindra, requested this Court without touching the merits of the case, to issue a direction to the respondents to dispose of the representation submitted by the petitioners, dated 18.10.2019.

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Learned Government Pleader for Services-I appearing for respondents readily agreed to dispose of the representation of the petitioners dated 18.10.2019, if any, pending with the respondents authorities.

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In view of the submission of the learned Government Pleader for Services-I, 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 petitioners himself requested to issue a direction to dispose of the representation dated 18.10.2019 submitted by the petitioners, I find no other alternative except to issue such direction.

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In the result, the writ petition is disposed of, directing the respondents to dispose of the representation submitted by the petitioners, dated 18.10.2019, in accordance with law, within a month from today. No costs.

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The miscellaneous applications pending, if any, shall also stand closed.

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__________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 29.12.2020

AKN

1 2019 (8) SCALE 544

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

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WRIT PETITION NO.23093 OF 2020

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Date: 29-12-2020

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¶20

AKN

T. Ashok, v. The Chairman and Managing Director

Case brief

What is this about?

What did the court decide?

T. Ashok, v. The Chairman and Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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