M.Revathy v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Mrs.M. Revathy ... Petitioner Vs.

1.The Secretary to Government, Department of Social Welfare, Government of Tamil Nadu, Secretariat, Chennai - 600 009.

2.The Commissioner & Director of Social Welfare, Department of Social Welfare, Saidapet, Chennai - 600 015.

3.The District Collector, Dindigul District.

4.The District Social Welfare Officer, District Social Welfare Office, Cradle Baby Scheme, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to take decision for regularization of the service of the petitioner from the date of her appointment on 01.12.2012 and to grant continuity of service with all 1/4

financial benefits till date pursuant to the G.O.Ms.No.22 Personnel & Administrative Reforms (F) Department dated 28.02.2006 and by considering the issue pending with the 1st respondent as per 2nd respondent communication dated 05.05.2021.

For Petitioner : Mr.Usha Ramman For Respondents : Mr.M. Alagu Gowtham, Government Advocate

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 a representation to the respondents 1, 2 & 4 on 07.07.2023, seeking for regularization of her service with time scale of pay from the date of her appointment and to pay the monetary benefits due to her. Since the said representation has not been considered till date, 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 them to 2/4

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, nonconsideration 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 respondents herein, to consider the petitioner's representation dated 07.07.2023, on their own merits and pass appropriate orders in accordance with law, within a period of eight (8) 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.

31.10.2023 Index:Yes/No Speaking order/Non-speaking order Sni 3/4

M.S.RAMESH,J.

Sni To 1.The Secretary to Government, Department of Social Welfare, Government of Tamil Nadu, Secretariat, Chennai - 600 009.

2.The Commissioner & Director of Social Welfare, Department of Social Welfare, Saidapet, Chennai - 600 015.

3.The District Collector, Dindigul District.

4.The District Social Welfare Officer, District Social Welfare Office, Cradle Baby Scheme, Dindigul District.

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