M.Devan v. The Tamil Nadu Civil Supplies Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH M.Devan

...Petitioner

-VsThe Tamil Nadu Civil Supplies Corporation, Rep. by its Regional Manager, Dharmapuri Region, Dharmapuri.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondent to consider and pass orders on the petitioner's representation dated 28.3.2023 by which the petitioner sought details and basis of the mode of calculation of the gratuity amount due to the petitioner for the service rendered by him, without further delay. For Petitioner : Mr.S.Venkataraman For Respondent : Mr.C.Selvaraj Standing Counse,

ORDER

Heard Mr.S.Venkataraman, learned counsel for the petitioner and 1/4

Mr.C.Selvaraj, learned Standing Counsel for the respondent. With the consent of both sides, the main writ petition has been taken up for final disposal.

2. The petitioner herein has given a representation to the respondent on 28.03.2023, seeking for details and mode of calculation of the gratuity amount due to the petitioner for the service rendered by him. Since the said representation was 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 upon the respondent 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 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 respondent to consider the representation of the petitioner dated 28.03.2023 on its 2/4

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 respondents to consider the same on its own merits.

5. With the above direction, the writ petition is disposed of. No costs. 01.11.2023 Index:Yes/No Internet:Yes/No sr To The Regional Manager, Tamil Nadu Civil Supplies Corporation, Dharmapuri Region, Dharmapuri.

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M.S.RAMESH,J.

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