S.Arumugam, v. The Joint Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2021

CORAM:

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

...Petitioner

Vs.

1.The Joint Registrar, 2.The Deputy Registrar, 3.The General Manager, Palayamkottai Urban Co-operative Bank, 4.The Managing Director, Palayamkottai Urban Co-operative Bank, ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to consider the petitioner's representation dated 14.12.2020 for compassionate appointment pending before the respondents within a reasonable time as may be fixed by this Court. For Petitioner : Mr.Aayiram K.Selvakumar For Respondents : Mr.P.Mahendran, for RR1 & 2 Additional Government Pleader Mr.B.Bhagawathi, for RR3 & 4 Government Advocate

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.Since the petitioner's request to the respondents seeking compassionate appointment is not considered, the Writ Petition has been filed.

According to the petitioner, he has made a representation in this regard on 14.12.2020, which is still pending.

3. It is needless to point out that whenever a 1/3

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, 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.

4. In the light of the above observations, it would be appropriate to direct the third and fourth respondents herein to consider the petitioner's representation dated 14.12.2020, within a stipulated time and thereby the ends of justice could be secured. 5.Accordingly, there shall be a direction to the third and fourth respondents to consider the petitioner's representation dated 14.12.2020, on their 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.

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

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Joint Registrar, 2/3

2.The Deputy Registrar, 3.The General Manager, Palayamkottai Urban Co-operative Bank, 4.The Managing Director, Palayamkottai Urban Co-operative Bank, +1 CC to M/s.GP ( SR-813[F] dated 11/01/2021 ),( SR-787[F] dated 11/01/2021 ) 08.01.2021 kvn(CO) KK(05.02.2021) 3P 6C 3/3