Subramani.P v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH P.Subramani

...Petitioner

Vs.

1.The Principal Secretary, Revenue Department, Chennai.

2.The Thasildhar, Marungapurai, Trichy.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 18.06.2020 seeking to take 50% of the service as Village Karnam between 06.02.1980 and 11.04.90 along with the regular service for the purpose of calculating the pension and consequently, to forward revised pension proposals and pass suitable orders on merits and in accordance with law.

For Petitioner : M/s.M.Jerin Mathew For Respondents : Mr.P.Kannithevan Additional Government Pleader

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.Since the petitioner's request to the respondents to count 50% of the service as Village Karnam along with the regular service for the purpose of calculating the pension and consequently, to forward revised pension proposals were not considered, the Writ Petition has been filed. According to the petitioner, he has made a representation in this regard on 18.06.2020, 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 1/3

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 respondents herein to consider the petitioner's representation dated 18.06.2020, 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 respondents to consider the petitioner's representation dated 18.06.2020, on its own merits and pass appropriate orders in accordance with law, within a period of three months 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 (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) CP 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, Revenue Department, Chennai.

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2.The Thasildhar, Marungapurai, Trichy.

+1 CC to SGP ( SR-3512[F] dated 05/02/2021 ) 04.02.2021 KM (18.02.2021) 3P 4C 3/3