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Madras High CourtWP/34941/2019disposed of

D.Chitra, v. The Secretary

2021-07-15Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.07.2021

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.No.34941 of 2019 D.Chitra

...Petitioner

Vs The Secretary Chennai Port Trust Rajaji Salai, Chennai - 600 001.

...Respondent

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to provide appointment to the petitioner on compassionate ground.

For Petitioner : Mr.J.Satheesh For Respondent : No appearence

O R D E R

By consent of both the parties, this writ petition is taken up for final disposal.

2. Since the petitioner's request to consider her for appointment under Compassionate Ground, was not considered by the respondent herein, the present writ petition has been filed. According to the petitioner, she has made a representation in this regard on 03.01.2012, which is still pending.

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 the respondent 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.

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4. In the light of the above observations, it would be appropriate to direct the respondent herein to consider the petitioner's representation dated 03.01.2012 within a stipulated time and thereby, the ends of justice could be secured. 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 consider the same on its own merits.

5. Accordingly, there shall be a direction to the respondent to consider the petitioner's representation dated 03.01.2012 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.

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

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Jer To The Secretary, Chennai Port Trust, Rajaji Salai, Chennai - 600 001.

W.P.No.34941 of 2019 rk[co] srg 06/08/2021 https://hcservices.ecourts.gov.in/hcservices/