N.Maheswari v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU N. Maheswari ... Petitioner -vs1. The Commissioner, Adi Dravidar and Tribal Welfare, Chepauk, Chennai - 600 005.

2. The Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai - 600 009.

3. The District Adi Dravidar and Tribal Welfare, Nagapattinam District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent the Secretary to Government, Adi Dravidar and Tribal Welfare Department to pass appropriate orders on the representation of the Petitioner dated 03.11.2022. For Petitioner : Mr. T.Ranganathan For Respondents : Mr. N.Naveen Kumar, Government Advocate 1/5

O R D E R

Heard Mr. T.Ranganathan, Learned Counsel for the Petitioner and Mr. N.Naveen Kumar, Learned Government Advocate takes notice for the Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The grievance ventilated by the Petitioner is that she had made a representation dated 03.11.2022 to the Second Respondent for promoting her as P.G. Assistant (English) in the vacant post in Mathanam Higher Secondary School in Mayiladudurai District, but as it did not evoke any response, she has filed this Writ Petition.

3.

Having regard to the limited nature of relief sought, this Court without expressing any view on the correctness or entitlement of the claim made by the Petitioner, passes the following order:- (i) the concerned authority shall immediately examine the representation dated 03.11.2022 preferred by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; 2/5

(ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 15 days for the same;

(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain her position in that regard;

(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated by 31.08.2023 under written acknowledgment; and (v) the report of such compliance shall be filed before the Registrar (Judicial) of this Court.

In fine, the Writ Petition is disposed on the aforesaid terms. Consequently, the connected Miscellaneous Petition is closed. No costs. 29.03.2023 skr Index: Yes/No Note: Issue order copy by 02.06.2023.

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To

1. The Commissioner, Adi Dravidar and Tribal Welfare, Chepauk, Chennai - 600 005.

2. The Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai - 600 009.

3. The District Adi Dravidar and Tribal Welfare, Nagapattinam District.

Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.

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P.D. AUDIKESAVALU, J.

skr 29.03.2023 5/5