M.Amudha v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.10.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH 1.M.Amudha 2.S.Isaivani 3.P.Gandhi 4.T.Eswari 5.P.Krishnaveni 6.Sathya 7.Lingammal 8.Kala 9.R.Rani 10.Muniyammal 11.C.Rani 12.Kanchana 13.Chandira 14.Manimegalai 15.Rajammal 16.Devaki 17.Meerabai 18.M.Sivagami 19.R.Rajakumari 20.M.Revathi 21.Patharaimani 22.S.Kaleeswari 23.Lakshmi 24.V.Gunasekari 25.Valaroja 26.Chinnathayee 27.Pappammal 1/6
28.Santha 29.Muniyammal
...Petitioners
Vs 1.The State of Tamil Nadu, Rep. by its Secretary, Finance Department, Fort St. George, Chennai - 600 009.
2.The Secretary, Rural Development Department, Fort St. George, Chennai - 600 009.
3.The Secretary, Education Department, Fort St. George, Chennai - 600 009.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to extend the benefit of Special Time Scale of Pay as per G.O.Ms.No.385, Finance (Pay Cell) Department, dated 01.10.2010 including arrears and other eligible benefits arising thereto on the basis of the representations dated 15.06.2023 and 07.07.2023.
For Petitioners : Mr.L.Chandrakumar For R1 : Mr.A.Selvendran, Special Government Pleader For R2 & R3 : Mr.M.Bindran, Additional Government Pleader 2/6
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 herein had given representations to the respondents on 15.06.2023 and 07.07.2023, seeking for grant of special time scale of pay in the cadre of Sweeper together with arrears and other benefits. Since the representations were 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 on 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 India and direct him to consider the same within a stipulated time. 3/6
4. In the light of the above observations, there shall be a direction to the third respondent herein to consider the petitioners' representations dated 15.06.2023 and 07.07.2023 pass appropriate orders in accordance with law, within a period of three 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 made by 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.
13.10.2023 Index:Yes/No Speaking order/Non-speaking order hvk Note: Issue order copy on 03.11.2023 4/6
To 1.The Secretary, Finance Department, Fort St. George, Chennai - 600 009.
2.The Secretary, Rural Development Department, Fort St. George, Chennai - 600 009.
3.The Secretary, Education Department, Fort St. George, Chennai - 600 009.
5/6
M.S.RAMESH,J.
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