M/S Kiran Services, v. The State Of Andhra Pradesh, Rep. By Its Principal

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.6473 of 2016 ORDER:

The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit the petitioner pray that this Hon'ble Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in filing of the post sanctioned pursuant to the letter dated 01-12-2015, issued by the 4th respondent even after submitting letter on behalf of the petitioner on 111-2016, containing the list of the candidates submitted as required by the 4th respondent on comparative merit basis, pursuant to the contract entered by the petitioner for supply of men power to the respondents during the subsistence of the period of contract is illegal, arbitrary, irrational and consequently direct the respondents to consider the list furnished on behalf of the petitioner on 11-01-2016 for being appointed pursuant to the contract for supply of men power and pass such other orders as this Hon'ble court may be pleased to deem fit and proper in the interest of justice."

Admittedly, the representation of the petitioner concern dated 11.01.2016 in relation to the grievance canvassed presently is pending consideration before the District Educational Officer, Kadapa. Learned Assistant Government Pleader states that the District Educational Officer is not the authority concerned and the Collector of the District would have to take action upon the petitioner concern's representation.

That being so, this Court is of the opinion that entertainment of this writ petition for the purpose of adjudication is not warranted at this stage as the authorities concerned are yet to apply their mind to the representation made by the petitioner concern. The writ petition is accordingly disposed of directing the respondent authorities to consider the petitioner concern's representation dated 11.01.2016 and take appropriate action thereon

in accordance with law. In the event an adverse order is passed against the petitioner concern, the reasons therefor shall be recorded and duly communicated to it. This exercise shall be completed expeditiously and in any event, not later than two weeks from the date of receipt of a copy of this order.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTICE SANJAY KUMAR 29th February, 2016 IBL