Disposed

Gmp Swaroop v. the State of Ap

Andhra Pradesh HC4 Feb 2021WP/2691/2021

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a direction for promotion to Senior Assistant citing G.O.Ms.No.529. The court, noting the parties agreed to dispose of the pending representation, directed Respondent No.2 to decide the matter within four weeks without adjudicating the underlying merits.

What did the court decide?

Direction to Respondent No.2 to dispose of the representation dated 11.01.2021 within four weeks.

Gmp Swaroop Vs the State of Ap — Pension and Retirement Benefits | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.2691 OF 2021

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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 an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondent in not considering the case of the petitioner as per G.O.Ms.No.529 dt.19.8.2008, for further promotion to the post of Senior Assistant is illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the case of the petitioner for promotion to the post of Senior Assistant strictly in accordance with the G.O.Ms.No.529 dt.19.08.2008 and pass.…..”

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Though the petitioner made several allegations against the respondents, during hearing, Sri I.Ravindra Babu, learned counsel for the petitioner, requested this Court, without touching the merits of the case, to issue a direction to respondent No.2 to dispose of the representation, dated 11.01.2021, submitted by the petitioner keeping in view G.O.Ms.No.529, General Administration (Services-C) Department, dated 19.8.2008.

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Learned Government Pleader for Services-II appearing for respondent No.1 as well as Sri D.Khasim Saheb, learned Standing Counsel appearing for respondent No.2 readily agreed to dispose of the representation of the petitioner, dated 11.01.2021, if any, pending with the respondent authorities keeping in view G.O.Ms.No.529, General Administration (Services-C) Department, dated 19.8.2008.

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In view of the submission of the learned Government Pleader for Services-II and the learned counsel appearing for respondent

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No.2, 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 respondent No.2 to dispose of the representation, dated 11.01.2021, submitted by the petitioner, I find no other alternative except to issue such direction.

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In the result, the Writ Petition is disposed of, directing respondent No.2 to dispose of the representation submitted by the petitioner on 11.01.2021, keeping in view G.O.Ms.No.529, General Administration (Services-C) Department, dated 19.8.2008, within a period of four (4) weeks from today. There shall be no order as to costs.

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Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.

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_________________________________________ JUSTICE M.SATYANARAYANA MURTHY

Date : 4.2.2021 AMD

1 2019 (8) SCALE 544

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

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WRIT PETITION No.2691 OF 2021

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Date : 04.02.2021

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AMD

Gmp Swaroop v. the State of Ap

Case brief

What is this about?

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Gmp Swaroop v. the State of Ap

Case brief

What is this about?

What did the court decide?

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