Nagarajan.M v. The Secretary

W.P.(MD) No.2824 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.2824 of 2021 M.Nagarajan

...Petitioner

Vs.

The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C Nagar, Park Town, Chennai - 600 003.

... Respondent P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent herein to consider petitioner's representation dated 17.02.2020 and 04.12.2020 and consequently to appoint the petitioner as per written examination and certificate verification conducted by the TNPSC Group IV Services 2013-14 and 2014-2015 under notification No.18/2014, within the time frame that may be fixed by this Court.

For Petitioner : Mr.S.Muthukumar For Respondent : Mr.D.Sivaraman, Standing Counsel

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.The petitioner has given representations dated 17.02.2020 and 04.12.2020 to the respondents seeking appointment as Typist and the same is pending before the respondents without there being any order passed and therefore, the petitioner has filed the present writ petition.

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, 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. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence this Court will be https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.2824 of 2021 justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

4.In the light of the above observations, it would be appropriate to direct the respondent herein to consider the petitioner's representation dated 04.12.2020 within a stipulated time and thereby the ends of justice could be secured. It is made clear that this Court has not expressed any of its view with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

5.Accordingly, there shall be a direction to the respondent to consider the petitioner's representation dated 04.12.2020 in on its own merits and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) dsk To The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C Nagar, Park Town, Chennai - 600 003.

+1 CC to Mr.D.SIVARAMAN, Advocate ( SR-5260[F] dated 16/02/2021 ) +1 CC to Mr.S.MUTHUKUMAR, Advocate ( SR-5396[F] dated 16/02/2021 ) W.P.(MD) No.2824 of 2021 15.02.2021 KM (01.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2