S.Surekha v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.(MD) No.1132 of 2020 S.Surekha ... Petitioner /vs./ 1.The Principal Secretary, Higher Education Department, Government of Tamilnadu, Secretariat, Fort St.George, Chennai - 600 009.

2.The Commissioner of Technical Education, Government of Tamilnadu, Chennai 600 025.

3.The Principal, Government Polytechnic College, Thiruchirapalli 620 022.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner representation dated 25.11.2017 and 20.08.2019 and post the petitioner as regular Part Time/Guest Lecturer in English in the Government Polytechnic College, Thiruchirapalli.

For Petitioner : Mr.J.Sanjay Vignesh For Respondents : Mr.M.Karuppasamy Government Advocate

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.The limited prayer sought for by the petitioner is that to consider the representation dated 20.08.2019 seeking to appoint the petitioner as regular Part Time/Guest Lecturer in English in the Government Polytechnic College, Thiruchirapalli. 1/3

3.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 merit 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.

4.In view of the above observations, there shall be a direction to the third respondent herein to consider the petitioner's representation dated 20.08.2019, on its own merits and pass appropriate orders within a period of six 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 his representation and it is for the third respondent to consider it in accordance with law. 5.With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS ) mm To 1.The Principal Secretary, Higher Education Department, Government of Tamilnadu, Secretariat, Fort St.George, Chennai - 600 009.

2.The Commissioner of Technical Education, Government of Tamilnadu, Chennai 600 025.

3.The Principal, Government Polytechnic College, Thiruchirapalli 620 022.

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+1 CC to Mr.J.SANJAY VICNESH, Advocate (SR-2950[F] dated 24/01/2020 ) +1 CC to SPL.GP ( SR-3139[F] dated 27/01/2020 ) 24.01.2020 MK (06.02.2020) 3P 6C 3/3