B.Banumathi v. The Director

W.P.(MD)No.1377 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.1377 of 2020 B.Banumathi ... Petitioner /vs./ 1.The Director, Adhi Dravidar Welfare Department, Chepauk, Chennai.

2.The District Adhi Dravidar and Tribal Welfare Officer, Virudhunagar District, Virudhunagar.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to promote the petitioner as B.T.Assistant (Mathematics) in the vacant post of Kottaiyur Government Adhi Dravidar Welfare Middle School, Kottaiyur, Watrap Taluk, Virudhunagar District by considering the petitioner's representation dated 28.08.2019 and 16.12.2019 within the time frame that may be fixed by this Court.

For Petitioner : Mr.A.Rahul For Respondents : Mr.M.Jeyakumar Additional Government Pleader

ORDER

The limited prayer sought for by the petitioner is for direction to the first respondent to consider her representations dated 28.08.2019 to promote her as B.T.Assistant (Mathematics) in the vacant post of Kottaiyur Government Adhi Dravidar Welfare Middle School, Kottaiyur, Watrap Taluk, Virudhunagar District. 2.Whenever a representation is made to the respondents to redress the claim of the petitioner, there is a duty cast upon the respondents to consider the same on its own merit and pass appropriate orders in one way or another, 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. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.1377 of 2020

3. In view of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representations dated 28.08.2019 and 16.12.2019 on its own merits and pass appropriate orders within a period of four (4) 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 respondents to consider it in accordance with law.

4. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (RECORDS) // True Copy // / /2020 Sub Assistant Registrar(CS) Ns To 1.The Director, Adhi Dravidar Welfare Department, Chepauk, Chennai.

2.The District Adhi Dravidar and Tribal Welfare Officer, Virudhunagar District, Virudhunagar.

+1 CC to MR.A.RAHUL, Advocate ( SR-7576[F] dated 21/02/2020 ) +1 CC to SPL.GP ( SR-7782[F] dated 24/02/2020 ) Order made in W.P.(MD) No.1377 of 2020 Dated:

20.02.2020 KM/(06.03.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2