Ponnar v. The Secretary To Govt.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH Ponnar

...Petitioner

Vs.

1.The Secretary to Government, Tamil Development and Information Department, Secretariat, Chennai.

2.The Director, Directorate of Stationery and Printing Department, 110, Anna Salai, Chennai - 600 002.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent No.1 and 2 to issue the appointment order, by appointing the petitioner as a Junior Book Binder at the Government Press in the light of the Government Order passed by the 1st respondent in G.O(MS) No.120 dt 23.07.2018 by considering his SSLC (10th Standard) educational qualification, within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.R.Karunanidhi For Respondents : Mrs.J.Padmavathi Devi Special Government Pleader

O R D E R

By consent of both sides, this writ petition is taken up for final disposal at the admission stage itself. 2.Since the petitioner's request to the respondents to issue the appointment order, by appointing the petitioner as a Junior Book Binder at the Government Press in the light of the Government Order passed by the 1st respondent in G.O(MS) No.120 dt 23.07.2018 by considering his SSLC (10th Standard) educational qualification, was not considered, the Writ Petition has been filed. According to the petitioner, he has made a representation in this regard on 05.02.2021, which is still pending.

1/3

3. 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 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. As such, non-consideration 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 them to consider the same within a stipulated time.

4. In the light of the above observations, it would be appropriate to direct the first respondent herein to consider the petitioner's representation, dated 05.02.2021, within a stipulated time and thereby the ends of justice could be secured. It is made clear that this Court has not expressed any of its view with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits. 5.Accordingly, there shall be a direction to the first respondent to consider the petitioner's representation, dated 05.02.2021, on its own merits and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) TM NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Secretary to Government, Tamil Development and Information Department, Secretariat, Chennai.

2/3

2.The Director, Directorate of Stationery and Printing Department, 110, Anna Salai, Chennai - 600 002.

+1 CC to M/s.R.KARUNANIDHI, Advocate ( SR-10014[F] dated 10/03/2021 ) 09.03.2021 SE(CO) KK(23.03.2021) 3P 4C 3/3