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Madras High CourtWP(MD)/3623/2020disposed of

T.Sathishkannan v. The Director General Of Post Services

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

W.P.(MD) No.3623 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.3623 of 2020 T.Sathishkannan ... Petitioner /vs./ 1.The Director General of Post Services O/o., The Post Master General, Southern Region CTN, Madurai.

2.The Superintendent of Post, Ramanathapuram Division, Ramanathapuram.

3.The Superintendent of Post, Sub Postal Division, Paramakudi, 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 to consider petitioner's representation dated 28.11.2019 within the stipulated time fixed by this Court.

For Petitioner : M/s.A.Arul Jenifer For Respondents : M/s.H.Velavadhas

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2. The limited prayer sought for by the petitioner is that to consider his representation dated 28.11.2019 seeking for compassionate appointment.

3. 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 merit and pass appropriate orders in one way or other, instead of keeping the same https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.3623 of 2020 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.

4. In view of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 28.11.2019 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 his representation and it is for the first respondent to consider it in accordance with law.

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

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Rmk To 1.The Director General of Post Services O/o., The Post Master General, Southern Region CTN, Madurai.

2.The Superintendent of Post, Ramanathapuram Division, Ramanathapuram.

3.The Superintendent of Post, Sub Postal Division, Paramakudi, Ramanathapuram District.

+1 CC to M/s.H.VELAVADHAS, Advocate ( SR-7844[F] dated 24/02/2020 ) +1 CC to M/s.A.ARUL JENIFER, Advocate ( SR-8260[F] dated 25/02/2020 ) Order made in W.P.(MD)No.3623 of 2020 Dated:24.02.2020 RN(10.03.2020) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2