D.Ananth v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH 1.D.Ananth 2.P.Madasamy ... Petitioners Vs.

1.The State of Tamil Nadu rep.by its Secretary to Government, School Education Department, Secretariat, 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 petitioners' representation dated 15.12.2022 to give monetary benefits to the petitioners from their initial appointment dated 23.11.2012 to 25.01.2018 with all consequential benefits and arrears. For Petitioners : Ms.S.Esairani Narasimman For Respondents : Mr.P.Gurunathan, Additional Government Pleader 1/4

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 petitioners had given a representation to the respondents on 15.12.2022 seeking to grant monetary benefits to them from their initial appointment dated 23.11.2012 to 25.01.2018. 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, nonconsideration of the representation by the Statutory Authorities 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. 2/4

4. In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioners' representation dated 15.12.2022 on its own merits and pass appropriate orders in accordance with law, within a period of eight 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 petitioners 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 disposed of. No costs.

20.06.2023 2/2 Index:Yes/No Speaking order/Non-speaking order To 1.The State of Tamil Nadu rep.by its Secretary to Government, School Education Department, Secretariat, Chennai-9.

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

RS/HVK 3/4

M.S.RAMESH,J.

RS/HVK 20.06.2023 2/2 4/4