Disposed

B.Shankaramma v. the State of Andhra Pradesh

Andhra Pradesh HC2 Sept 2022WP/27994/2022

Case brief

AI extract

What is this about?

This order disposed of a Writ Petition seeking a direction to consider a claim for compassionate ground appointment. The court directed both the petitioner to submit a fresh representation and the respondent to decide on the pending petition and the new submission within four weeks.

What did the court decide?

Direction to respondent to dispose of pending representation dated 10.03.2022 along with fresh representation to be submitted by petitioner within 15 days in four weeks.

B.Shankaramma Vs the State of Andhra… — Pension and Retirement Benefits | Andhra Pradesh HC (2022)

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THE HON’BLE DR. JUSTICE K. MANMADHA RAO

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WRIT PETITION No.27994 OF 2022

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ORDER :

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This Writ Petition is filed under Article 226 of the

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Constitution of India, seeking the following relief:

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“…..to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondent in not considering the claim of the petitioner for appointment on compassionate grounds though she made several representations as her husband died in harness on 01.11.2015 while working as Record Assistant in A.P.Administrative Tribunal, Purana Haveli, Hyderabad as illegal, improper, unjust, arbitrary, contrary to law and also violative of principles of natural justice and further direct the respondent to consider the claim of the petitioner for appointment on compassionate grounds in any suitable post and pass such other orders....”

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Though the petitioner made several allegations against the respondents, during the course of hearing learned counsel for the petitioner requested this Court to issue a direction to the respondents to dispose of the representation dated 10.03.2022 submitted by the petitioner, without touching the merits of the case.

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Learned counsel for the Government Pleader for Services-I readily agreed to dispose of the representation dated 10.03.2022 submitted by the petitioner, if any pending with the respondent authorities.

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In view of the submission of learned Government Pleader appearing for respondents, I need not decide the truth or otherwise of the allegations made in the petition.

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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 be passed for a quick or easy disposal of cases in overburdened adjudicatory institutions but, they do not serve to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the representation dated 10.03.2022 submitted by the petitioner, I find no other alternative except to issue such direction.

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In the result, Writ Petition is disposed of, while directing the petitioner to submit fresh representation to the respondent within 15 days from the date of receipt of a copy of this order; on such submission, directing the respondent to dispose of representation dated 10.03.2022 along with fresh representation submitted by the petitioner within four (04) weeks thereafter. No costs.

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1 2019 (8) SCALE 544

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As a sequel, miscellaneous applications pending, if any, shall

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also stand closed.

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___________________________ DR.K. MANMADHA RAO, J

Date: 02.09.2022

THE HON’BLE DR. JUSTICE K. MANMADHA RAO

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WRIT PETITION No.27994 OF 2022

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Date: 02.09.2022

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B.Shankaramma v. the State of Andhra Pradesh

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B.Shankaramma v. the State of Andhra Pradesh

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