K. Veera Swamy vs. The State Of Ap

THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU WRIT PETITION No.19938 of 2019

ORDER:-

This writ petition is filed seeking to declare the inaction of the respondents in not regularize the services of the petitioner from the date of his joining as illegal and also declare the action of the respondents in not issuing further proceedings pursuant to the proceedings vide Rc.No.39178/P1/2015, dated 12.04.2016 as illegal.

Heard the learned counsel for the petitioner and the learned Government Pleader for Services-III.

After hearing both the learned counsel, this Court notices that the facts involved in this case are very simple. The petitioner before this Court is questioning the inaction of the respondents with regard to the regularization of his service. Learned counsel points out that all the requisite information has already been furnished pursuant to the Government of Andhra Pradesh letter dated 26.11.2015. He draws the attention of the Court that the letter dated 12.04.2016 issued by the Director of Medical Education who is the 3rd respondent herein to the Principal Secretary to the Government/1st respondent wherein the information required in the prescribed proforma relating to the present petitioner is also enclosed. Learned counsel submits that since then till date no decision has been taken. Therefore, he prays for an order directing the 1st respondent to take the correct decision as required under Law.

The Government Pleader for Services-III on the other hand states that the Government is prepared to look into the issue and consider the case of the petitioner as per applicable Law and on its own merits.

In view of the above submission, this Court is of the opinion that keeping writ petition pending, is not really necessary. There shall be a direction to the 1st respondent to consider the case of the petitioner, since the requisite information has already been furnished by the 3rd respondent on 12.04.2016 itself. The said decision should be taken on its own merits without being influenced by the fact that an order passed by this Court. The exercise should be completed within a period of eight (08) weeks from the date of receipt of a copy of this order. The decision taken should be a reasoned decision and the same should be communicated to the petitioner forthwith.

With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

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

JUSTICE D.V.S.S.SOMAYAJULU

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Date : 24-02-2020 sdp

THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU

WRIT PETITION No.19938 OF 2019

Date : 24-02-2020

sdp