K.N.Valarventhan v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH K.N.Valarventhan ... Petitioner Vs.

1.The Secretary Department of Human Resources Management Fort St.George, Chennai 600 009.

2.The Principal Secretary Adi Dravidar & Hill Tribes Welfare Department Fort St.George, Chennai 600 009.

3.The Commissioner Directorate of Adi Dravidar Welfare Chepauk, Chennai - 600 005.

4.The Commissioner Tamil Nadu State Commission for Scheduled Caste and Scheduled Tribes, THUDCO, III Floor No.1, Court Hall, Senatop Road, Teynampet Chennai 600 018.

5.The Secretary Tamil Nadu Legislative Assembly Chennai 600 009.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents consider the 1/5

representation given by the petitioner dated 27.04.2022, 17.04.2023 and 18.04.2023 in the light of G.O.Ms.No.89 dated 28.07.2020. For Petitioner : Ms.A.Pramila For Respondents : Mr.M.Alagu Gowtham Government Advocate - for RR 1 to 5

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 representations to the respondents on 27.04.2022, 17.04.2023 and 18.04.2023, seeking to include his name in the panel for promotion to the post of Assistant or refix his seniority as on 1997 along with arrears and other monetary benefits. 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 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 2/5

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 fifth respondent herein, to consider the petitioner's representations dated 27.04.2022, 17.04.2023 and 18.04.2023 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 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 stands disposed of. No costs.

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To 1.The Secretary Department of Human Resources Management Fort St.George, Chennai 600 009.

2.The Principal Secretary Adi Dravidar & Hill Tribes Welfare Department Fort St.George, Chennai 600 009.

3.The Commissioner Directorate of Adi Dravidar Welfare Chepauk, Chennai - 600 005.

4.The Commissioner Tamil Nadu State Commission for Scheduled Caste and Scheduled Tribes, THUDCO, III Floor No.1, Court Hall, Senatop Road, Teynampet Chennai 600 018.

5.The Secretary Tamil Nadu Legislative Assembly Chennai 600 009.

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M.S.RAMESH,J.

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