A.Lakshmanan v. The Agriculture Production Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.07.2023
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR A.Lakshmanan, (M/66 Yrs), S/o.Angusamy, formerly Superintending Engineer, Agricultural Engineering Department, Madurai.
Residing at: No.A13, Government Apartments, Thirumangalam, Anna Nagar West, Chennai - 40.
... Petitioner
Versus
1.The Agriculture Production Commissioner and Principal Secretary to Government, Agriculture Department, Fort St.George, Chennai - 9.
2.The Chief Engineer, Agricultural Engineering Department, Nandanam, Chennai - 35.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other appropriate Writ or order or Direction in the nature of a Writ, directing the respondents to consider the claim of the Petitioner for revision of the seniority in the cadre of Assistant Executive Engineer, Executive Engineer and Superintending Engineer and further promotion as Chief Engineer in the light of the representation made by the petitioner dated 21/12/2017 with all consequential service and monetary benefits, within a limited time frame. Page No.1 of 4
For Petitioner :
Ms.R.Deepika Sonali For Respondents :
Mr.R.Baladhandayutham, Special Government Pleader *****
ORDER
This Writ Petition has been filed to direct the respondents to consider the claim of the petitioner for revision of the seniority in the cadre of Assistant Executive Engineer, Executive Engineer and Superintending Engineer and further promotion as Chief Engineer in the light of the representation made by the petitioner, dated 21.12.2017 with all consequential service and monetary benefits, within a limited time frame. 2.The petitioner herein has given representation to the first respondent on 21.12.2017, seeking for revision of the seniority in the cadre of Assistant Executive Engineer, Executive Engineer and Superintending Engineer and further promotion as Chief Engineer. Since there was no further progress, 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 Page No.2 of 4
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. 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 21.12.2017, 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 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.
26.07.2023 vv2 N.SATHISH KUMAR , J.
vv2 Page No.3 of 4
Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order To 1.The Agriculture Production Commissioner and Principal Secretary to Government, Agriculture Department, Fort St.George, Chennai - 9.
2.The Chief Engineer, Agricultural Engineering Department, Nandanam, Chennai - 35.
26.07.2023 Page No.4 of 4