Isnowar v. The District Educational Officer,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Isnowar ... Petitioner Vs The District Educational Officer, District Education Office, Kumbakonam Eductional District, Thanjavur District.
... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent herein to consider petitioner's representation, dated 11.10.2023 and to provide the monthly conveyance allowance as per the G.O.Ms.No.236, dated 01.06.2009 within the stipulated time period fixed by this Court. For Petitioner : Ms.M.Viji For Respondents : Mr.M.Sarangan Additional Government Pleader 1/5
ORDER
The present writ petition has been filed seeking a direction to the respondent herein to consider petitioner's representation, dated 11.10.2023 and to provide the monthly conveyance allowance as per the G.O.Ms.No.236, dated 01.06.2009 within the stipulated time period fixed by this Court. 2.By consent of both parties, considering the limited relief sought for by the petitioner, the Writ Petition is taken up for final disposal at the stage of admission itself.
3.Heard, the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent. Perused the materials on record.
4.The petitioner was a physically challenged person having 60% of disability. He was appointed as Night Watchman as on 23.11.2012 in Thipprajapuram Government Higher Secondary School, Thanjavur District. The Government of Tamil Nadu issued Government Order in G.O.Ms.No.236, dated 01.06.2009 to provide monthly allowance to the physically challenged 2/5
persons. Hence, the petitioner is eligible to get the said allowance as per the aforesaid G.O. In this regard, the petitioner sent a detailed representation, dated 11.10.2023 to provide him with conveyance allowance in terms of aforesaid G.O. However, the same was not considered. Hence, this writ petition came to be filed.
5. 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 respondent 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, nonconsideration 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 the respondent to consider the same within a stipulated time. 6.Considering the limited scope of the relief sought for by the petitioner, without going into the merits of the case, this Court hereby direct the respondent to consider the representation of the petitioner, dated 23.11.2022 in line with G.O.Ms.No.236, dated 01.06.2009 and pass appropriate order in 3/5
accordance with law, within a period of twelve (12) weeks, from the date of receipt of a copy of this order.
7.With the above direction, this writ petition stands disposed of. There shall be no order as to costs.
13.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM To The District Educational Officer, District Education Office, Kumbakonam Eductional District, Thanjavur District.
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L.VICTORIA GOWRI, J.
PNM ORDER IN 13.02.2024 5/5