Yethirajula Roja vs State Of Andhra Pradesh & Others

Dr. K. Manmadha Rao, J

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 one in the nature of Writ of mandamus declaring the action of the respondents particularly Nos. 3rd, 4th and 5th respondents in terminating the service of the petitioner orally and without issuing any proceedings and in not permitting the petitioner attend to her duties as a Accountant in the 5th respondents office relieving on 25.05.2020 is illegal, arbitrary and also the respondents violation of the Fundamental Rights wholly arbitrary illegal and consequently direct the respondents to permit the petitioner to attend her duty as an Accountant CBO Staff at Amadalavalasa Municipality, Srikakulam District, wholly illegal, arbitrary and void, violative of the principles of natural justice and also violative of the Articles 13, 16 and 21 of the Constitution of India and pass such other orders....”

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 4 and 5 to dispose of the representation dated 03.06.2020 submitted by the petitioner, without touching the merits of the case.

Learned counsel for the respondents 4 and 5 readily agreed to dispose of the representation dated 03.06.2020 submitted by the petitioner, if any pending with the respondent authorities.

In view of the submission of learned counsel appearing for respondents, 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.Venkatesh 2019 (8) SCALE 544, 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 03.06.2020 submitted by the petitioner, I find no other alternative except to issue such direction.

In the result, Writ Petition is disposed of, directing the respondents 4 and 5 to dispose of representation dated 03.06.2020 submitted by the petitioner, in accordance with law, within six (06) weeks from the date of receipt of a copy of this order. Further liberty is given to the petitioner to submit fresh application for the same request as mentioned in the representation dated 03.06.2020. No costs.

As a sequel, miscellaneous applications pending, if any, shall also stand closed.