College Students And Graduates v. The Union Territory Of Puducherry,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.08.2023 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.6209 of 2020 College Students and GraduatesAssociation for the visually Challenged, Rep. by its President S.Arumugam.
... Petitioner Vs.
1.The Union Territory of Puducherry, Rep. by the Chief Secretary, Chief Secretariat, Beach Road, Puducherry.
2.The Commissioner for Person with Disability, Office of the Chief Secretariat, Puducherry.
3.The Under Secretary to Government, Department of Personnel and Administrative Reforms (Personnel Wing), Chief Secretariat, Puducherry.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents to consider and dispose of the representation of the petitioner dated 14.11.2019. Page No.1 of 7
For Petitioner :
Mr.R.Ganesan For Respondents :
Mr.G.Djearany, Government Advocate (Puducherry)
O R D E R
The petitioner has filed this petition seeking direction to the respondents to consider and dispose of the representation of the petitioner dated 14.11.2019.
2. The case of the petitioner is that the petitioner is an association for visually challenged registered under Puducherry Societies Registration Act. After several representation of the petitioner's association, the Puducherry Administration has created twelve permanent posts of Caner, meant for repairing the worn-out Cane chairs owned by all the Government Organization, coming under the first respondent and also to do some casual work. Therefore, the name of the post is coming under the category of Multi Tasking Staff (General) Post level - under the pre-revised pay scale of Rs.5,200 - Rs.20200 + Grade Pay Rs.1800 under the non-plan head of accounts. The Government has also issued a Government Order through third respondent under G.O.Ms.No.40 dated 29.06.2017. Page No.2 of 7
2.2. Ever since the creation of above twelve post of Caner, the respondents have not taken any care to notify those employment and the aforesaid posts are still kept vacant. Hence, the petitioner association made a representation dated 14.11.2019 before the respondents 2 & 3 to take steps to fill the aforesaid Caner post. However, till date, no action has been taken by the respondents. Hence, the petitioner association has come forward with the present writ petition.
3. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondents 2 & 3 to consider the petitioner's representation dated 14.11.2019 and pass orders on merits within a particular time frame to be fixed by this Court.
4. The learned Government Advocate appearing for the respondents has no objection for said order being passed. Page No.3 of 7
5. Heard the learned counsel on either side and perused the materials placed on record.
6. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the respondents 2 & 3 to consider the petitioner's representation dated 14.11.2019 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
7. With the above observation and direction, this writ petition is disposed of. No costs.
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Yes/No Speaking Order :
Yes/No Page No.4 of 7
To:
1.The Chief Secretary, Chief Secretariat, Beach Road, Puducherry.
2.The Commissioner for Person with Disability, Office of the Chief Secretariat, Puducherry.
3.The Under Secretary to Government, Department of Personnel and Administrative Reforms (Personnel Wing), Chief Secretariat, Puducherry.
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J.SATHYA NARAYANA PRASAD,J.
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