G.Karthikeyarajan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.1246 of 2020 and W.M.P.(MD) No.1008 of 2020 G.Karthikeyarajan ... Petitioner /vs./ 1.The State of Tamilnadu, represented by its Secretary, Home Department, Fort St.George, Chennai, Tamilnadu.
2.The Director General of Police, Tamilnadu, Santhome, Chennai - 600 004, Tamilnadu.
3.The Tamilnadu Uniformed Services Recruitment Board, represented by its Member, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai - 08, Tamilnadu.
4. The Tamilnadu Uniformed Services Recruitment Board, represented by its Chairman, Madurai Centre, Office of the Superintendent of Police, Madurai District, Tamilnadu.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to consider the representation of the petitioner dated 03/01/2019 , within the time stipulated by this Court and ascertain the fitness of the petitioner and allow to participate in the next stage of the selection process.
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For Petitioner : Mr.K.Muthu Ganesa Pandian For Respondents : Mr.K.Chellapandian Additional Advocate General assisted by Mr.R.Sethuraman Special Government Pleader
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 the petitioner is that to consider the representation dated 03.01.2019 seeking to allow the petitioner to participate in the next stage of the selection process.
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 representations dated 03.01.2019 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(Records) // True Copy // / /2020 Sub Assistant Registrar(CS) mm 2/3
To 1.The Secretary, Home Department, Fort St.George, Chennai, Tamilnadu.
2.The Director General of Police, Tamilnadu, Santhome, Chennai - 600 004, Tamilnadu.
3.The Member, Tamilnadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai - 08, Tamilnadu.
4. The Chairman, Tamilnadu Uniformed Services Recruitment Board, Madurai Centre, Office of the Superintendent of Police, Madurai District, Tamilnadu.
+1 CC to M/s.K.MUTHU GANESA PANDIAN, Advocate ( SR-2970[F] dated 24/01/2020 ) 23.01.2020 GRL(CO) TR(04.02.2020)3P 6C 3/3