K.Arokiyadoss v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH 1.
K.Arokiyadoss S/o.Kabariyel 2.
P.Kumaresan S/o.Panchatcharam
...Petitioners
Vs 1.
The State of Tamil Nadu Rep. by its Secretary to Government Environment, Climate Change and Forest Department Fort St.Geroge Chennai-9.
2.
The Principal Chief Conservator of Forest & Head of Forest Force Joint Forest Management Velachery Main Road Guindy, Chennai-32.
3.
The Assistant Conservator of Forests State Forest Research Center Kolapakkam Chennai-127.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 3rd respondent to send the 1/5
revised pension proposal by taking the regular service with effect from 08.03.1999 along with 50% of the temporary service as per G.O.(2D) No.110, Environment, Climate Change and Forests (FR.2-(ii)) Department dated 04.08.2022 by considering the petitioner's representation dated 08.01.2023 with all consequential benefits within a time frame.
For Petitioners :
Ms.K.Jenitha For Respondents :
Mr.V.P.R.Elamparathi Additional Government Pleader
O R D E R
Mr.V.P.R.Elamparathi, learned Additional Government Pleader accepts notice for the respondents. With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.
2. The petitioners herein has given a representation to the respondents on 08.01.2023, seeking to send the revised pension proposal by taking the regular service with effect from 08.03.1999 along with 50% of the temporary service as per G.O.(2D)No.110, Environment, Climate Change and Forests (FR.2-(ii)) Department dated 04.08.2022. Since the said representation has not been considered till date, the present Writ Petition has been filed.
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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 petitioners' representation dated 08.01.2023, on its own merits and pass appropriate orders in accordance with law, within a period of three months 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 Petition stands disposed of. 3/5
No costs.
29.11.2023 Index:Yes/No Speaking order/Non-speaking order mk To 1.
The State of Tamil Nadu Rep. by its Secretary to Government Environment, Climate Change and Forest Department Fort St.Geroge Chennai-9.
2.
The Principal Chief Conservator of Forest & Head of Forest Force Joint Forest Management Velachery Main Road Guindy, Chennai-32.
3.
The Assistant Conservator of Forests State Forest Research Center Kolapakkam Chennai-127.
M.S.RAMESH,J.
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