S.Murugan, v. The Principal Secretary To The Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.02.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH S.Murugan
...Petitioner
Vs 1.The Principal Secretary to Government, The Municipal Administration & Water Supply Department, Secretariat, Chennai - 600 009.
2.The Commissioner, Commissionerate of Municipal Administration, 6th Floor, Ezhilagam Annex Building, PWD Estate, Chepauk, Triplicane, Chennai - 600 005.
3.The Principal Accountant General, Accounts & Entitlements, Tamil Nadu, No.361, Anna Salai, Chennai - 600 016.
4.The Municipal Commissioner, Arani, Thiruvannamalai District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent 1/4
herein to consider the petitioner's representation dated 09.05.2018 seeking absorption of the petitioner's service at the Judicial Department from 03.11.1993 to 10.10.2007 with the petitioner's service as Typist at the Municipal Department since 12.10.2007 vide his appointment order dated 16.08.2007 by the proceedings of the Commissioner of Municipality, Thiruvannamalai for the purpose of pensionary benefits. For Petitioner : Mr.S.Ayyadurai
ORDER
The present writ petition has been filed seeking for a direction to the second respondent herein to consider the petitioner's representation dated 09.05.2018, seeking absorption of his service at the Judicial Department from 03.11.1993 to 10.10.2007, for the purpose of pensionary benefits. The said representation has not been considered by the second respondent till date.
2. 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 respondents 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 2/4
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.
3. In the light of the above observations, there shall be a direction to the second respondent herein to consider the petitioner's representation dated 09.05.2018 on its own merits and pass appropriate orders in accordance with law, within a period of four 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 consider the same on its own merits.
4. With the above direction, the Writ Petition stands disposed of. No costs.
16.02.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4
M.S.RAMESH,J.
hvk To 1.The Principal Secretary to Government, The Municipal Administration & Water Supply Department, Secretariat, Chennai - 600 009.
2.The Commissioner, Commissionerate of Municipal Administration, 6th Floor, Ezhilagam Annex Building, PWD Estate, Chepauk, Triplicane, Chennai - 600 005.
3.The Principal Accountant General, Accounts & Entitlements, Tamil Nadu, No.361, Anna Salai, Chennai - 600 016.
4.The Municipal Commissioner, Arani, Thiruvannamalai District.
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