M.Nagarajan v. The Director Of Survey And Settlement
W.P.(MD) No.2159 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.2159 of 2020
1) M.Nagarajan
2) P.Arumugam ... Petitioners vs.
1.The Director of Survey and Settlement, PWD Complex, Chepauk, Chennai 600 005 2.The Additional Director, Directorate of Survey and Settlement, PWD Complex, Chepauk, Chennai 600 005 3.The Assistant Director of Survey and P.A. to Collector (Land Records), Collectorate Building, Thanjavur District, Thanjavur.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to make the payment of salary to the petitioners for the training imparted by the petitioners for 90 days in the year 2017 based on the proposal forwarded by the 3rd respondent to the 2nd respondent vide proceedings in Na.Ka.N.A2/119/2019 dated 13.03.2019 and the representation submitted by the petitioners dated 20.08.2019 respectively within a time frame to be fixed by this Court. For Petitioner : Mr.G.Sankaran For Respondents: Mr.C.M.Marichellaiah Prabhu, Additional Government Pleader
O R D E R
The limited prayer sought for in the present writ petition is for a direction to the respondents to consider the petitioners' representation dated 20.08.2019 based on the proposal forwarded by the 3rd respondent to the 2nd respondent vide proceedings in Na.Ka.N.A2/119/2019 dated 13.03.2019.
2. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.2159 of 2020 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.
3. In the light of the above, there will be a direction to the second respondent to consider the petitioners' representation dated 20.08.2019 based on the proposal forwarded by the 3rd respondent to the 2nd respondent vide proceedings in Na.Ka.N.A2/119/2019 dated 13.03.2019 and pass appropriate orders within a period of six (06) 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 petitioners in their representation and it is for the first respondent to consider it in accordance with law.
4. With the above directions, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) To:
1.The Director of Survey and Settlement, PWD Complex, Chepauk, Chennai 600 005.
2.The Additional Director, Directorate of Survey and Settlement, PWD Complex, Chepauk, Chennai 600 005 3.The Assistant Director of Survey and P.A. to Collector (Land Records), Collectorate Building, Thanjavur District, Thanjavur.
+1 CC to M/s.Special Govt.Pleader ( SR-8783[F] dated 27/02/2020 ) +1 CC to M/s.F.DEEPAK, Advocate ( SR-8624[F] dated 27/02/2020 ) Order made in W.P.(MD)No.2159 of 2020 26.02.2020 sts SDS (16.03.2020) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2