M.Santhamoorthy v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2023

CORAM:

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

...Petitioner

Vs 1.The Director, O/o. The Director of Medical and Rural Health Services, DMS Campus, Chennai - 600 006.

2.The Additional Director (Administration), O/o. The Director of Medical and Rural Health Services, DMS Campus, Chennai - 600 006.

3.The Regional Administrative Medical Officer, Employees State Insurance Scheme, Singanallur Post, Coimbatore - 641 005.

4.Joint Director, O/o. The Joint Director of Health Services, Thirupur District - 641 604.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to 1/4

consider and dispose of the representation submitted by the petitioner dated 17.02.2020 for granting promotion to the petitioner as Junior Assistant and as Assistant on par with the juniors of the petitioner. For Petitioner : Mr.R.Rengaramanujam For Respondents : Mr.P.Ganesan, 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 limited prayer sought for in this Writ Petition is for a direction to the first respondent herein to consider the petitioner's representation dated 17.02.2020 seeking for promotion as Assistant and Junior Assistant on par with his juniors within a stipulated time.

3. It is needless to point out that whenever a representation is preferred before the Statutory Authority, there is a duty cast on them to dispose of the same expeditiously. Non-compliance of such a 2/4

responsibility would amount to dereliction of duties and this Court would be justified in directing the authority to dispose of the representation within a stipulated time, in exercise of its powers under Article 226 of the Constitution of India.

4. In the light of the above observations, there shall be a direction to the first respondent herein to dispose of the petitioner's representation dated 17.02.2020, if not already disposed of, on its own merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs.

22.11.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4

M.S.RAMESH,J.

hvk To 1.The Director, O/o. The Director of Medical and Rural Health Services, DMS Campus, Chennai - 600 006.

2.The Additional Director (Administration), O/o. The Director of Medical and Rural Health Services, DMS Campus, Chennai - 600 006.

3.The Regional Administrative Medical Officer, Employees State Insurance Scheme, Singanallur Post, Coimbatore - 641 005.

4.The Joint Director, O/o. The Joint Director of Health Services, Thirupur District - 641 604.

22.11.2023 4/4