K.Baby v. The Director

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 03.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S. RAMESH W.P.No.14126 of 2022 and W.M.P.No.13354 of 2022 K.Baby

...Petitioner

Vs

1. The Director, Directorate of Stationary and Printing, 110, Anna Salai, Chennai - 600 002.

2. The Branch Manager, The Government Branch Press, Vridhachalam - Cuddalore District - 606 104.

...Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 and 2 to grant permanent employment to the petitioner as Sweeper/Office Attendant/Peon in the 2nd respondent Press together with all monetary and other attendant benefits payable to a permanent employee w.e.f December, 2007 together with backwages and other service benefits after adjusting whatever amount already paid.

For Petitioner : Mr.S.Saravana Kumar For Respondents : Mr.P.Ganesan, Government Advocate

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 first respondent on 04.05.2022 seeking permission to grant permanent employment to the petitioner as Sweeper/Office Attendant/Peon in the 2nd respondent Press together with all monetary and other attendant benefits payable to a permanent employee w.e.f December, 2007 together with backwages and other service benefits after adjusting whatever amount already paid. https://hcservices.ecourts.gov.in/hcservices/

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, nonconsideration 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 first respondent herein to consider petitioner's representation dated 14.05.2022 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. Taking into account that the petitioner herein has been in temporary employment from the year 2007 onwards, the respondents shall not disturb the petitioner's service till the disposal of the representation.

5.With the above direction, the Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar grs/asr To

1. The Director, Directorate of Stationary and Printing, 110, Anna Salai, Chennai - 600 002.

2. The Branch Manager, The Government Branch Press, Vridhachalam - Cuddalore District - 606 104.

W.P.No.14126 of 2022 and W.M.P.No.13354 of 2022 NK(CO) RGA(20/06/2022) https://hcservices.ecourts.gov.in/hcservices/