P. Kanagarajan v. The Govt. Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH P.Kanagarajan Petitioner Vs

1. The Government of Tamil Nadu Rep by its Principal Secretary Finance Department St.George Fort,Secretariat Chennai

2. The Government of TamilNadu Rep by its Principal Secretary Printing and Stationery Department Secretariat,St.George Fort, Chennai

3. The Director Printing and Stationery Department 110 Anna Salai Chennai

4. The Joint Director Printing and Stationery Department 110 Anna Salai Chennai

5. The Branch Manager Government Branch Press Public Office Compound Pudukkottai Pudukkottai District

6. The Principal Accountant General O/o The Accountant General 361, Anna Salai Teynampet Chennai - 600 018 Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 to 5 to issue increments to the petitioner for continuously working as a Compositor for the period of 30 years of his service based on the petitioner's representation dated 14.11.2019, within a time frame stipulated by this Court.

For Petitioner : Mr.A.V.Rajasekaran For Respondents : For R1 to R5 - Mr.R.Sethuraman Special Government Pleader For R6 - Mr.P.Gunasekaran 1/3

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. Though the petitioner has sought for issuance of writ of mandamus to the respondents 2 to 5 to issue increments to the petitioner for continuously working as a Compositor for the period of 30 years of his service based on the petitioner's representation dated 14.11.2019, in my view, such a decision is to be taken by the respondents and in case, the petitioner is aggrieved against such any decision, it would be appropriate to approach this Court.

3. The petitioner would submit that he has already made representation on 14.11.2019 in this regard, which is said to be pending. If the said representation is directed to be disposed of within stipulated time, the ends of justice could be secured.

4. Whenever a representation is made to a statutory authority to redress the claim of the employee, 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. Such an inaction would amount to dereliction of duties and thereby this Court would be justified in invoking its extraordinary powers under Article 226 of Constitution of India and thereby direct such authority to consider the representation within the stipulated time.

5. In view of the above observations, there shall be a direction to the second respondent herein to consider the petitioner's representation, dated 14.11.2019, on its own merits and pass appropriate orders within a period of twelve 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 view with regard to the claim made by the petitioner in the representation and it is for the second respondent to consider it in accordance with law.

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

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3

vrn To

1. The Principal Secretary Government of Tamil Nadu Finance Department St.George Fort, Secretariat Chennai

2. The Principal Secretary Government of Tamil Nadu Printing and Stationery Department Secretariat,St.George Fort, Chennai

3. The Director Printing and Stationery Department 110 Anna Salai,Chennai

4. The Joint Director Printing and Stationery Department 110 Anna Salai,Chennai

5. The Branch Manager Government Branch Press Public Office Compound Pudukkottai,Pudukkottai District

6. The Principal Accountant General O/o The Accountant General 361, Anna Salai,Teynampet Chennai - 600 018.

+1 CC to M/s.A.V.RAJASEKARAN, Advocate ( SR-1579[F] dated 13/01/2020 +1 CC to M/s.P.GUNASEKARAN, Advocate ( SR-1650[F] dated 13/01/2020 ) +1 CC to M/s.SPL.GP ( SR-1977[F] dated 20/01/2020 ) 10.01.2020 SMA/06/02/2020/3P/10C 3/3