M.Rajeev Gandhi v. Tamil Nadu Uniformed Services Recruitment Board
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH M.Rajeev Gandhi ... Petitioner /vs./ 1.Tamil Nadu Uniformed Services Recruitment Board, 807, II Floor, Anna Salai, Chennai 600 002, rep., by its Member Secretary.
2.The Director General of Police, Office of the Director General of Police, Chennai.
3.The Deputy Inspector of General of Police, Ramanathapuram Range, Ramanathapuram District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 and 2 to select and appoint the petitioner as Sub-Inspector of Police (Taluk) for the year 2015 and send him for training along with the selected candidates for the year 2019 in terms of the proceedings of the third respondent in C.A.No.A2/1483/2015 dated 28.08.2018 by considering his representation dated 26.12.2019 within the period that may be stipulated by this Court. For Petitioner : Mr.M.E.Ilango For Respondents : Mr.M.Jeyakumar Additional Government Pleader
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
2. Though the petitioner has sought for issuance of writ of mandamus to direct the respondents 1 and 2 to select and appoint the petitioner as Sub-Inspector of Police (Taluk) for the year 2015 and send him for training along with the selected candidates for the 1/3
year 2019 in terms of the proceedings of the third respondent in C.A.No.A2/1483/2015 dated 28.08.2018, in my view, such a decision is to be taken by the second respondent and in case, the petitioner is aggrieved against such any decision, it would be appropriate to approach this Court.
3. The petitioner would submit that he has already made representation on 26.12.2019 in this regard, which is said to be pending. If the said representation is directed to be disposed of within stipulated time, the ends of justice could be secured.
4. 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 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.
5. In view of the above observations, there shall be a direction to the second respondent herein to consider the petitioner's representation, dated 26.12.2019, on its own merits and pass appropriate orders within a period of six (6) 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 second respondent to consider it in accordance with law.
6. With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) rmk To:
1.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, 807, II Floor, Anna Salai, Chennai 600 002.
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2.The Director General of Police, Office of the Director General of Police, Chennai.
3.The Deputy Inspector of General of Police, Ramanathapuram Range, Ramanathapuram District.
+1 CC to M/s.SPL.GP ( SR-5824[F] dated 12/02/2020 ) +1 CC to M/s.M.E.ILANGO, Advocate ( SR-5771[F] dated 12/02/2020 ) Order made in Dated: 11.02.2020 JMN(20.02.2020) 3P : 6C 3/3