V.Dhanam v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH V.Dhanam ... Petitioner Vs.

1.The State of Tamil Nadu Rep. by the Secretary to Government, Education Department, Fort St.George, Chennai-9.

2.The Director of School Education, College Road, Chennai-6.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 08.01.2023 to regularize the petitioner's service from the date of her initial appointment in light of G.O.Ms.No.123 School Education Department dated 17.08.2011 and consequently direct the respondents to pay monetary and service benefits with all consequential benefits and arrears.

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For Petitioner : Ms.S.Easirani Narasimman For Respondents : Mr.P. Sanjay Gandhi, Government Advocate

ORDER

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

2. The petitioner herein had given a representation to the respondents on 08.01.2023 seeking to regularize her services from the date of initial appointment in the light of G.O.Ms.No.123 School Education Department dated 17.08.2011. Since the said representation has not yet been considered, the Writ Petition has been filed.

3. It is needless to point out that whenever a representation of this nature is made to Statutory Authorities, there is a duty cast upon them 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 Authorities would amount to dereliction of duty and hence, this Court will be justified 2/4

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 respondents herein, to consider the petitioner's representation dated 08.01.2023 on its own merits and pass appropriate orders in accordance with law, within a period of three (3) months 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 respondents to consider the same on its own merits.

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

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M.S.RAMESH,J.

RS/HVK To 1.The State of Tamil Nadu Rep. by the Secretary to Government, Education Department, Fort St.George, Chennai-9.

2.The Director of School Education, College Road, Chennai-6.

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