P.Murugan v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH P.Murugan S/o.Palar
...Petitioner
Vs 1.
The Union of India Rep. by its Secretary to Government Environment, Forest and Climate Change Department Indira Paryavaran Bhawan, Jor Bagh New Delhi-110 003.
2.
The Union of India Rep. by its Secretary to Government Department of Pension and Pensioners Welfare Lok Nayak Bhavan Khan Market New Delhi.
3.
The State of Tamil Nadu Rep. by its Additional Chief Secretary to Government Environment, Climate Change and Forest Department Fort St.George Chennai-9.
4.
The Principal Chief Conservator of Forest & Head of Forests Velachery Main Road Guindy, Chennai-32.
...Respondents
1/5
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondents to Regularize and absorb the petitioner's service as Supernumerary Anti Poaching Watcher from the date of initial appointment on the basis of similar person seniority in the light of the order made in G.O (2D).No. 172 Environment, Climate change and Forest (FR. 2ii) Department Dated 03.11.2022 and to provide Special Pension of Rs.6750/- in the light of the order made in W.P. (MD) No. 20478 of 2022 dated 01.09.2022 by considering the claim on the basis of his Representation dated 27.04.2023 within time frame as fixed by this Honble Court. For Petitioner :
Mr.I.Kanna Patel For Respondent :
Ms.P.J.Anitha Central Government Standing Counsel Mr.P.Ganesan Government Advocate for R3 & R4
O R D E R
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 on 22.11.2022 and 27.04.2023, seeking for inclusion of his name in the State Wide Seniority List of Anti Poaching Watcher and regularize his service in the regular time scale of pay. Since the said 2/5
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, 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 respondents herein, to consider the petitioner's representations dated 22.11.2022 and 27.04.2023, on its own merits and pass appropriate orders in accordance with law, within a period of twelve (12) 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 3/5
consider the same on its own merits.
5. With the above direction, the Writ Petition stands disposed of. No costs.
16.11.2023 Index:Yes/No Speaking order/Non-speaking order mk To 1.
The Union of India Rep. by its Secretary to Government Environment, Forest and Climate Change Department Indira Paryavaran Bhawan, Jor Bagh New Delhi-110 003.
2.
The Union of India Rep. by its Secretary to Government Department of Pension and Pensioners Welfare Lok Nayak Bhavan Khan Market New Delhi.
3.
The State of Tamil Nadu Rep. by its Additional Chief Secretary to Government Environment, Climate Change and Forest Department Fort St.George Chennai-9.
4.
The Principal Chief Conservator of Forest & Head of Forests Velachery Main Road Guindy, Chennai-32.
4/5
M.S.RAMESH,J.
mk 16.11.2023 5/5