K.Pandiarajan v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.(MD)No. 1215 of 2020 K.Pandiarajan ... Petitioner /vs./ 1.The Commissioner, Most Backward Classes & Denotified Community Welfare, Ezilagam, Chepauk, Chennai 600 005.
2.The Joint Director, Kallar Reclamation, Madurai 625 020.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent/the Commissioner of Backward Classes & Most Backward Classes Welfare Department, Chepauk, Chennai - 600 005 to appoint the petitioner as 'Office Assistant' in the existing vacancies available in Kallar Reclamation Schools, forthwith considering his disability by way of giving alternate job instead of cook. For Petitioner : Mr.S.Vijayakumar For Respondents : 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. Though the petitioner has sought for issuance of writ of mandamus to direct the first respondent to appoint the petitioner as 'Office Assistant' in the existing vacancies available in Kallar Reclamation Schools, forth with considering his disability by way of giving alternate job instead of cook, in my view, such a decision is to be taken by the first respondent and in case, the petitioner is 1/3
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 15.11.2019 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 first respondent herein to consider the petitioner's representation, dated 15.11.2019, on its own merits and pass appropriate orders within a period of eight (8) 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 first respondent to consider it in accordance with law.
6. 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) rmk To:
1.The Commissioner, Most Backward Classes & Denotified Community Welfare, Ezilagam, Chepauk, Chennai 600 005.
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2.The Joint Director, Kallar Reclamation, Madurai 625 020.
+1 CC to M/s.S.VIJAYAKUMAR, Advocate ( SR-4061[F] dated 31/01/2020 ) +1 CC to M/s.SPL.GP ( SR-4315[F] dated 31/01/2020 ) Order made in W.P.(MD)No.1497 of 2020 Dated: 30.01.2020 JMN(12.02.2020) 3P : 5C 3/3