M.Mohan v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH M.Mohan ... Petitioner in W.P.No.31990/2023 K.Santhosh Kumari ... Petitioner in W.P.No.31991/2023 A.Selvakumaran ... Petitioner in W.P.No.31992/2023 K.M.Gunasekaran ... Petitioner in W.P.No.31993/2023 A.Natarajan ... Petitioner in W.P.No.31994/2023 P.Arunagiri ... Petitioner in W.P.No.31995/2023 Vs.

1.The Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.

2.The Director of School Education DPI Compound, College Road Chennai.

... Respondents in all the W.Ps.

PRAYER: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to consider and pass orders on petitioners' representations dated 27.07.2023 more particularly within a time frame as may be stipulated by this Court. In All W.Ps.

For Petitioners : Mr.J.Pooventherarajan For Respondents : Mrs.V.Yamuna Devi Special Government Pleader 1/4

ORDER

With the consent of both the parties, this Writ Petitions are taken up for final disposal at the admission stage itself.

2. The petitioners herein have given representation to the respondents on 27.07.2023, seeking regularization of their services. Since the said representations have not been considered till date, the present Writ Petitions have 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 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 2/4

the first respondent herein, to consider the petitioners' representations dated 27.07.2023, on its 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 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 Petitions stand disposed of. No costs.

08.11.2023 Index:Yes/No Speaking order/Non-speaking order KST To 1.The Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.

2.The Director of School Education DPI Compound, College Road Chennai.

3/4

M.S.RAMESH,J.

KST W.P.Nos.31990, 31991, 31992, 31993, 31994 and 31995 of 2023 08.11.2023 4/4