M.Pugalendhi v. The Principal Secretary To Govt.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.3910 of 2020 M.Pugalendhi ... Petitioner /vs./ 1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai.
2.The Commissioner of Revenue Administration, Ellilaham, Chennai.
3.The District Collector, Karur District, Karur.
... 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 the representation signed on 12.02.2020 to implement the order passed in Na.Ka.No.A2/16349/2019, dated 14.11.2019 and grant all the monetary and service benefits within the time stipulated by this Court.
For Petitioner : Mr.C.Deepak For Respondents : Mr.C.M.Marichellaiah Prabhu, 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. The limited prayer sought for the petitioner is that to consider the representation dated 12.02.2020 seeking to implement the order passed in Na.Ka.No.A2/16349/2019, dated 14.11.2019 and grant all the monetary and service benefits.
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/
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 12.02.2020 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 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 (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai.
2.The Commissioner of Revenue Administration, Ellilaham, Chennai.
3.The District Collector, Karur District, Karur.
+1 CC to M/s.Special Govt.Pleader ( SR-8889[F] dated 27/02/2020 ) +1 CC to M/s.VILMA REXY, Advocate ( SR-8437[F] dated 26/02/2020 ) Order made in W.P.(MD) No.3910 of 2020 Dated:
26.02.2019 cp SDS (10.03.2020) 2P-6C https://hcservices.ecourts.gov.in/hcservices/