R.M. Eswari v. The Commissioner Of Treasuries And Accounts Department

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) Nos.2812 to 2814 of 2020 R.M.Eswari :Petitioner in W.P.(MD) No.2812/2020 R.Seetha :Petitioner in W.P.(MD) No.2813/2020 G.Robinson Issac Prabakar :Petitioner in W.P.(MD) No.2814/2020 Vs

1. The Commissioner of Treasuries and Accounts Department, Ammala Valagam 3rd Floor, Veterinary Hospital Campus, Nandanam, Annna Salai, Chennai - 600 035.

2. Tamil Nadu Public Service Commission, Rep by its Secretary, No.3, Frazer Bridge Road, VOC Nagar, Chennai - 600 003.

: Respondents in all WPs(MD) COMMON P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to publish the seniority list in the cadre of Accountant by following the decision of the Division Bench of this Court made in W.P.No.998 of 2017 batch reported in 2019 (6) CTC 750, by considering the objection dated 27.11.2019. For Petitioner : Mr.V.Panneerselvam (in all Wps) For Respondents : For R1 - Mr.R.S.Sethuraman (in all Wps) Special Government Pleader For R2 - Mr.K.K.Senthil C O M M O N O R D E R By consent of both parties, these writ petitions are taken up for final disposal at the stage of admission itself.

2. Though the petitioners have sought for issuance of Writ of Mandamus to the respondents to direct them to publish the seniority list in the cadre of Accountant by following the decision of the Division Bench of this Court made in W.P.No.998 of 2017 batch reported in 2019 (6) CTC 750, by considering the objection dated 27.11.2019, in my view, such a decision is to be taken by the respondents and in case, the petitioners are aggrieved against such any decision, it would be appropriate to approach this Court. 1/3

3. The petitioners would submit that they have already made representation on 27.11.2019 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 respondents herein to consider the petitioners' representation, dated 27.11.2019, on its own merits and pass appropriate orders within a period of eight (8) 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 representations and it is for the respondents to consider it in accordance with law.

6. With the above directions, these Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS ) vrn To

1. The Commissioner of Treasuries and Accounts Department, Ammala Valagam 3rd Floor, Veterinary Hospital Campus, Nandanam, Annna Salai, Chennai - 600 035.

2. Tamil Nadu Public Service Commission, Rep by its Secretary, No.3, Frazer Bridge Road, VOC Nagar, Chennai - 600 003.

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+1 CC to SPL.GP ( SR-6301[F] dated 14/02/2020 ) +3 CC to Mr.V.PANNEER SELVAM, Advocate SR-6689,6688, 6687 W.P.(MD) Nos.2812 to 2814 of 2020 13.02.2020 MK (25.02.2020) 3P 7C 3/3