Dr.M.Naga Chaitanya v. The Superintendent And 4 Others

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.28129 of 2019 ORDER:

This writ petition is disposed of at the stage of admission with the consent of both the parties.

This writ petition is filed seeking the following relief :- " .....to issue a writ more in the nature of Writ of Mandamus or any other writ, order or direction to declare the action of the respondents in not considering the claim of the petitioner as Resident Specialist for payment of stipend for the period from November 2016 to October 2017 for a period of 12 months as illegal, arbitrary, unconstitutional and void being violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the Respondents to arrange and pay the stipend to the petitioner as Resident Specialist for a period of one year by disposing of his representation dated 11.11.2019 forthwith ......" .

Heard Mr.R.Rajasekhar Rao, learned counsel for the petitioner and the learned Government Pleader for Services-II. It has been contended by the petitioner that he worked as a Resident Specialist with the respondents from November, 2016 to October, 2017, but the respondents have not paid stipend for the said period. In those set of circumstances, the petitioner has submitted a representation to the respondents on 11.11.2019 requesting to pay stipend for the period from November, 2016 to October, 2017. But, so far, the respondents have not passed any orders on the said representation nor paid any stipend to him. Learned counsel for the petitioner submits that appropriate orders be passed in the writ petition directing the respondents to

consider the representation submitted by the petitioner on 11.11.2019 and pass appropriate orders in accordance with law. Learned Government Pleader appearing for the respondents contends that since the representation of the petitioner is pending, the respondents would consider the same and pass appropriate orders in accordance with law.

This Court, having considered the rival submissions made by the learned counsel for the respective parties, is of the considered view that this writ petition can be disposed of directing the respondents to consider the representation submitted by the petitioner on 11.11.2019 and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

With the above observations, this writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Date: 19-12-2019 Prv