M.Dayalam v. Tamilnadu Generation And Distribution Corporation Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH M.Dayalam
...Petitioner
Vs 1.Tamil Nadu Generation & Distribution Corporation Ltd., [TANGEDCO] Rep. by its Chief Engineer [Personnel], No.144, Anna Salai, Chennai - 600 002.
2.Tamil Nadu Generation & Distribution Corporation Ltd., [TANGEDCO] Rep. by its Superintending Engineer, CEDC, Chengalpattu.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to forthwith appoint the petitioner's son M.Tamil Selvan on compassionate grounds in any suitable post by considering and passing necessary orders on the application of the petitioner dated 18.11.1997. For Petitioner : Mr.K.Selvaraj For Respondents : Mr.David Sundar Singh 1/4
ORDER
With the consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.
2. The petitioner herein had given a representation to the first respondent on 18.06.2022 seeking for a direction to provide employment to her son in any suitable post on compassionate grounds. 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 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.
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4. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 18.06.2022 on its own merits and pass appropriate orders in accordance with law, within a period of four weeks 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 ordered. No costs.
03.03.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4
M.S.RAMESH,J.
hvk To 1.The Chief Engineer (Personnel), Tamil Nadu Generation & Distribution Corporation Ltd., [TANGEDCO] No.144, Anna Salai, Chennai - 600 002.
2.The Superintending Engineer, CEDC, Tamil Nadu Generation & Distribution Corporation Ltd., [TANGEDCO] Chengalpattu.
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