Bhandela Krishna Kumar vs. The State Telangana
Facts
The petitioner, Bhandela Krishna Kumar, filed a writ petition seeking a direction to the respondents to consider his representation dated 24.08.2024. The representation was for a transfer from the Government SC Boys Hostel in Damarakunta, Kataram Mandal, Jayashankar District to a Government SC Boys Hostel in Karimnagar District, citing medical grounds. The transfer was sought under clause 22 of G.O.Ms.No.317 GA (SPF-I) Department dated 06.12.2021. The petitioner contended that the respondents' inaction in considering his representation was illegal, arbitrary, unreasonable, discriminatory, and violated principles of natural justice and constitutional rights. The petitioner later confined his prayer to a direction for Respondent No.1 to consider his appeal dated 06.09.2024 against an allotment order dated 31.12.2021 issued by Respondent No.3.
Held
The Court, without going into the merits of the case, disposed of the writ petition by directing Respondent No.1 to consider the appeal filed by the petitioner dated 06.09.2024. The Court ordered that appropriate orders should be passed thereon strictly in accordance with law, as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of the order. The Court also directed that a copy of the order be communicated to the petitioner. The ratio of this decision is that when a representation or appeal is pending consideration before an authority, and the authority agrees to consider it, the High Court will direct its expeditious disposal in accordance with law, rather than adjudicating the merits of the underlying grievance at the writ stage.
Key Issues
1. Whether the respondents' failure to consider the petitioner's representation dated 24.08.2024 for transfer on medical grounds, under clause 22 of G.O.Ms.No.317, is illegal, arbitrary, unreasonable, discriminatory, and in violation of the principles of natural justice and Articles 14, 16, and 21 of the Constitution of India? Petitioner's Arguments: The petitioner argued that the inaction of the respondents in considering his transfer request on medical grounds, as per the relevant Government Order, was a violation of his fundamental rights and principles of natural justice. He sought a mandamus to direct the respondents to consider his representation. Respondents' Arguments: The learned Government Pleader for Services-III fairly submitted that Respondent No.1 would consider the appeal filed by the petitioner dated 06.09.2024 and pass appropriate orders in accordance with law.
AI-generated summary — verify with the full judgment below
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Juri iction) THUR AY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE PULLA KARTHIK WRIT PETITION NO: 24556 OF 2024 [ 3301 ] ears, unta, Between: Bhandela Krishna Kumar, S/o: Late Bandela Laxmaiah, -aged 45 y Oii.kimati in ScneAuiteO Caste Welfare Boys Hostel' Damarak Kataram lvlandal. Jayashankar District ...PETITIONER AND 1 The State Telangana, rep by its Pri Secretary, for Social Welfare, Secretariate building, Saifabat, Hyderabad 500044 The Commissioner of Scheduled Caste Development, 3rd floor , parisrama . bi,;";;, 6;tia; eSi ehjvan, Basheer Bash' Hvderabad, Telansana 500004 The District Schedule caste Devetopment Officer, Jayashankar Bhupalapalli District ...RESP.NDENT' 2 3 Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue or appropriate Writ, Order of direction, preferably one in the nature of writ of Mandamus and to declare the action of the respondents are not considering the representation dated 24.08.2024 given by the petitioner to tr
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