T.Jayaseli v. The Director Of Public Libraries

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH T. Jayaseli ... Petitioner Vs.

1.The Director of Public Libraries, Directorate of Public Libraries, 737, Anna Salai, Chennai - 600 002.

2.The District Library Officer, Chennai District, 737, Anna Salai, Chennai - 600 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to pass orders on the appeal petition filed by the petitioner dated 01.09.2022 and to pass orders for grant of increment to the petitioner in the post of Record Clerk, in accordance with the Revised Scales of Pay Rules as notified in G.O.Ms.No.321, Finance (Pay Cell) Department dated 02.07.1998 on par with similarly placed persons, with all consequential and other benefits, including arrears of salary, within a time frame to be fixed by this Court. 1/4

For Petitioner : Mr.S. Nedunchezhiyan For Respondents : Mr.S. Prabhakaran, Government Advocate

ORDER

With the consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2. The prayer sought for in this Writ Petition is for a direction to the first respondent herein, to dispose of the appeal petition filed by the petitioner dated 01.09.2022 and to pass orders for grant of increment to the petitioner in the post of Record Clerk, in accordance with the Revised Scales of Pay Rules as notified in G.O.Ms.No.321, Finance (Pay Cell) Department dated 02.07.1998 on par with similarly placed persons, with all consequential and other benefits, including arrears of salary, within a stipulated time.

3. It is needless to point out that whenever a statutory appeal is preferred before the Appellate Authority, there is a duty cast on them to dispose of the appeal expeditiously. Non-compliance of such a 2/4

responsibility would amount to dereliction of duties and this Court would be justified in directing the authority to dispose of the appeal within a stipulated time, in exercise of its powers under Article 226 of Constitution of India.

4. In the light of the above observations, there shall be a direction to the first respondent herein, to dispose of the petitioner's appeal petition dated 01.09.2022, if not already disposed of, on its own merits and in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands ordered. No costs.

12.06.2023 Speaking/Non-speaking Order Index: Yes/No Internet: Yes/No Sni 3/4

M.S.RAMESH,J.

Sni To 1.The Director of Public Libraries, Directorate of Public Libraries, 737, Anna Salai, Chennai - 600 002.

2.The District Library Officer, Chennai District, 737, Anna Salai, Chennai - 600 002.

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