Dr.S.Snekalatha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Dr.S.Snekalatha

...Petitioner

Vs 1.The District Collector, Perambalur District, Perambalur.

2.The Deputy Director, Health Services and Family Welfare Department, Perambalur.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to consider the petitioner for appointment of dental surgeon on hire basis based on the initial appointment order dated 24.02.2011 in R.No.984/A4/2009 and the representation of the petitioner dated 05.05.2023 forthwith.

For Petitioner : Mr.C.Prabakaran For Respondents : Mr.S.Prabhakaran Government Advocate 1/4

ORDER

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

2. The petitioner had given a representation to the first respondent on 05.05.2023 seeking for reinstatement in service. The said representation has not been considered till date. Hence, the petitioner has approached this Court by way of this Writ Petition.

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 him 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 the Constitution of the 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 first respondent herein to consider the petitioner's representation dated 05.05.2023, 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 made by 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.

30.06.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4

M.S.RAMESH,J.

hvk To 1.The District Collector, Perambalur District, Perambalur.

2.The Deputy Director, Health Services and Family Welfare Department, Perambalur.

30.06.2023 4/4