S.Sathish v. The Home Secretary,
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 12.01.2022
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH W.P.No.461 of 2022 S.Sathish
...Petitioner
Vs 1.The Home Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
2.The Director General of Police, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai - 600 008.
...Respondents
PRAYER:
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 2nd respondent to consider the representation dated 07.12.2021 and appoint the petitioner as Gr-II Police Constable. For Petitioner : Mr.D.Ashok Kumar For Respondents: Mr.L.S.M.Hasan Fizal, Additional Government Pleader
ORDER
By consent of both the parties, this writ petition is taken up for final disposal.
2. The petitioner herein had given a representation to the respondents on 07.12.2021 seeking for appointment to the post of Grade-II Police Constable. Since the said representation was not considered, the present writ petition has been filed.
3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or https://hcservices.ecourts.gov.in/hcservices/
other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.
4. In the light of the above observations, there shall be a direction to the second respondent herein to consider the petitioner's representation dated 07.12.2021 on its own merits and pass appropriate orders in accordance with law, within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.
5. With the above direction, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar hvk To 1.The Home Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
2.The Director General of Police, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai - 600 008.
+1cc to Mr.P.Ashok Kumar, Advocate, S.R.No.2670 +1cc to the Government Pleader, S.R.No.2993 W.P.No.461 of 2022 GPL(CO) CB(01/02/2022) https://hcservices.ecourts.gov.in/hcservices/