Madras High CourtWP(MD)/3613/2020disposed of

Pandiammal v. The Director General Of Police

2020-02-24Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD) No.3613 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.3613 of 2020 Pandiammal ... Petitioner /vs./ 1.The Director General of Police, D.G.P. Office, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004 2.The Commissioner of Police, O/o., The Commissioner of Police, Chennai City, Vepery, Chennai 600 007.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent to provide a suitable employment to the petitioner's son namely Ramar, son of Ilango, under compassionate appointment scheme by considering the petitioner's application dated 11.02.2016 within a stipulated time that may be stipulated by this Court. For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.R.Sethuraman Special 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 first respondent to provide a suitable employment to the petitioner's son namely Ramar, son of Ilango, under compassionate appointment scheme, in my view, such a decision is to be taken by the first 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 she has already made representation on 02.05.2019 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. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.3613 of 2020

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 first respondent herein to consider the petitioner's representation, dated 02.05.2019 on its own merits and pass appropriate orders within a period of twelve (12) 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 her representation and it is for the first respondent to consider it in accordance with law.

6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) rmk To:

1.The Director General of Police, D.G.P. Office, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004 2.The Commissioner of Police, O/o., The Commissioner of Police, Chennai City, Vepery, Chennai 600 007.

+1 CC to SPL.GP ( SR-8081[F] dated 25/02/2020 ) +1 CC to Mr.R.KARUNANITHI, Advocate ( SR-8177[F] dated 25/02/2020 ) W.P.(MD)No.3613 of 2020 24.02.2020 VB(09.03.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2