M.Selvi v. The District Siddha Medical Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH M. Selvi ... Petitioner Vs.

1.The District Siddha Medical Officer, Vellore District, Vellore.

2.The District Employment Exchange, Vellore District, Vellore.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pass orders on the petitioner's representation dated 18.12.2022 for sponsor and appoint the petitioner to the post of Hospital Worker or any other suitable post in commensurate with the petitioner qualification. For Petitioner : M/s.T. Dharani For Respondents : Mr.P. Baladhandayutham, Special Government Pleader 1/4

ORDER

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

2. The petitioner herein has given representation to the first respondent on 18.12.2022, seeking to sponsor and appoint him to the post of Hospital Worker or any other suitable post in commensurate with the petitioner qualification. Since the said representation was not considered, the present Writ Petition has been filed.

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, non-consideration 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.

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4. In the light of the above observations, there shall be a direction to the respondents herein, to consider the petitioner's representation dated 18.12.2022, 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 concerned respondent to consider the same on its own merits.

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

23.06.2023 Index:Yes/No Sni To 1.The District Siddha Medical Officer, Vellore District, Vellore.

2.The District Employment Exchange, Vellore District, Vellore.

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M.S.RAMESH,J.

Sni 23.06.2023 4/4