D.Natarajan v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH D.Natarajan
...Petitioner
Vs
1. The Principal Secretary Rural Development and Panchayat Raj Department Secretariat Chennai - 600 009
2. The Director Uraga Valarchi Matrum Uratchi Iyakkayagam Panagal Building,Saidapet Chennai - 600 015
3. The Commissioner / Director Local Fund Audit Ullatchi Nithi Thanikkai Iyakkunaragam Orunginaindha Nidhi Thurai Valagam 4th Floor, Chennai - 600 035
4. The Commissioner Panchayat Union Polur, Thiruvannamalai
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to 1/5
transfer the petitioner's CPS account amount with interest to petitioner's GPF account and disburse the same within a reasonable stipulated time. For Petitioner : Mr.R.Lakshmanan For Respondents : Mr.VPR.Elamparathi Addl. Government Pleader for R1 to R3 Mr.S.P.Karthik Government Advocate for R4
ORDER
Heard Mr.R.Lakshmanan, learned counsel for the petitioner, Mr.VPR.Elamparathi, learned Additional Government Pleader for Respondents 1 to 3 and Mr.S.P.Karthik, learned Additional Government Pleader for the fourth respondent.
2. The petitioner herein had given representation to the third respondent on 05.04.2022 to transfer the amount in his Contributory Pension Fund Account No. 7028457/GA to his General Provident Fund account. Since the said representation was not considered by the thrid respondent, the present writ petition has been filed. 2/5
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 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, 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.
4. In the light of the above observations, there shall be a direction to the third respondent herein to consider the petitioner's representation dated 05.04.2022, on its own merits and pass appropriate orders in accordance with law within a period of four 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 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. 3/5
No costs.
22.11.2023 Index:Yes/No Speaking order/Non-speaking order gpa To
1. The Principal Secretary Rural Development and Panchayat Raj Department Secretariat Chennai - 600 009
2. The Director Uraga Valarchi Matrum Uratchi Iyakkayagam Panagal Building,Saidapet Chennai - 600 015
3. The Commissioner / Director Local Fund Audit Ullatchi Nithi Thanikkai Iyakkunaragam Orunginaindha Nidhi Thurai Valagam 4th Floor, Chennai - 600 035
4. The Commissioner Panchayat Union Polur, Thiruvannamalai 4/5
M.S.RAMESH,J.
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