Kalai Kumari v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH Thi.Kalai Kumari

...Petitioner

Vs.

1.The Principal Secretary, to Government of Tamil Nadu, School Education Department, Secretariat, Fort St. George, Chennai - 9.

2.The District Collector, Tenkasi District @ Tenkasi.

3.The District Collector, Tirunelveli District @ Tirunelveli.

4.The Chief Educational Officer, Chief Educational Office, Tenkasi.

5.The Treasurer, Sub-Treasury, Alangulam, Tenkasi District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd and 4th respondents to grant, Grade - II, HRA and CCA Allowances as received by the petitioner as on 30.04.2020 along with the petitioner's salary, considering her representation dated 20.10.2020.

For Petitioner : Mr.L.Victoria Gowri For Respondents : Mr.A.Thiyagarajan Government Advocate

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. 1/3

2.Since the petitioner's request to the respondents to grant, Grade - II, HRA and CCA Allowances as received by the petitioner as on 30.04.2020 along with the petitioner's salary, was not considered, the Writ Petition has been filed. According to the petitioner, she has made a representation in this regard on 20.10.2020, which is still pending.

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, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence this Court will be 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 fourth respondent herein to consider the petitioner's representation dated 20.10.2020, 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 fourth respondent to consider the petitioner's representation dated 20.10.2020, on its own merits and pass appropriate orders in accordance with law, within a period of six 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(AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 2/3

NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Principal Secretary, to Government of Tamil Nadu, School Education Department, Secretariat, Fort St. George, Chennai - 9.

2.The District Collector, Tenkasi District @ Tenkasi.

3.The District Collector, Tirunelveli District @ Tirunelveli.

4.The Chief Educational Officer, Chief Educational Office, Tenkasi.

5.The Treasurer, Sub-Treasury, Alangulam, Tenkasi District.

+1 CC to M/s.GP ( SR-3310[F] dated 04/02/2021 ) 03.02.2021 ES(CO) TR(15.02.2021) 3P 7C 3/3