Vasantha Kumar.R v. The Chairman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) Nos.4942, 4944, 4947, 4946 & 4950 of 2021 R.Vasantha Kumar ... Petitioner in WP(MD). 4942 of 2021 S.Sudhakar ... Petitioner in WP(MD). 4944 of 2021 J.Isakki Muthu ... Petitioner in WP(MD). 4946 of 2021 W.Jesudossan ... Petitioner in WP(MD). 4947 of 2021 A.Misiya ... Petitioner in WP(MD). 4950 of 2021 Vs.
1.The Chairman, Tamil Nadu Electricity Board, No.144, Anna Salai, N.P.K.R.R.Maligai, Chennai - 600 002.
2.The Chief Engineer (Personnel), TANGEDCO, No.144, Anna Salai, N.P.K.R.R.Maligai, Chennai - 600 002.
... Respondents 1 & 2 in all WP's 3.The Superintending Engineer, Thoothukudi Electricity Distribution Circle, TANGEDCO, No.131, Ettayapuram, Thoothukudi District - 11.... 3rd Respondent in WP(MD).4942/2021
3. The Superintending Engineer Virudhunagar Electricity Distribution Circle, TANGEDCO, 65/1 Ramamoorthy Road, Virudhunagar District ... 3rd Respondent in WP(MD). 4944 of 2021
3. The Superintending Engineer TANGEDCO, Anna Buildings Sivanthipatti Road, Thiyagaraja Nagar, Tirunelveli - 11.
... 3rd Respondent in WP(MD). 4946 & 4950 of 2021 1/4
3. The Superintending Engineer TANGEDCO, Maharaja Nagar, Palayamkottai, Tirunelveli - 11.
... 3rd Respondent in WP(MD). 4947 of 2021 COMMON P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent No.2 to provide appointment order to the petitioner as per the results published by the respondent No.2 on May 2020 in the physical and written test for direct recruitment to the Post of Gangman (Trainee), by considering the petitioner's representation dated 26.02.2021, within the time stipulated by this Court. For Petitioner : Mr.I.Pinaygash For Respondents : Mr.P.Malini for M/s.T.S.Gopalan & Co., (In all petitions) COMMON ORDER By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.Since the petitioners' request to the respondents to provide appointment order to the petitioner as per the results published by the respondent No.2 on May 2020 in the physical and written test for direct recruitment to the Post of Gangman (Trainee), was not considered, these Writ Petitions have been filed. According to the petitioners, they have made representations in this regard on 26.02.2021, which are still pending.
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 respondents herein to consider the petitioners' representations dated 26.02.2021, 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 petitioners and that it is open to 2/4
the concerned respondent to consider the same on its own merits. 5.Accordingly, there shall be a direction to the respondents to consider the petitioners' representations, dated 26.02.2021, on its own merits and pass appropriate orders in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petitions stand disposed of. No costs.
Sd/- Assistant Registrar(CS-I) // 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 Chairman, Tamil Nadu Electricity Board, No.144, Anna Salai, N.P.K.R.R.Maligai, Chennai - 600 002.
2.The Chief Engineer (Personnel), TANGEDCO, No.144, Anna Salai, N.P.K.R.R.Maligai, Chennai - 600 002.
3.The Superintending Engineer, Thoothukudi Electricity Distribution Circle, TANGEDCO, No.131, Ettayapuram, Thoothukudi District - 11.
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4. The Superintending Engineer Virudhunagar Electricity Distribution Circle, TANGEDCO, 65/1 Ramamoorthy Road, Virudhunagar District
5. The Superintending Engineer TANGEDCO, Anna Buildings Sivanthipatti Road, Thiyagaraja Nagar, Tirunelveli - 11.
6. The Superintending Engineer TANGEDCO, Maharaja Nagar, Palayamkottai, Tirunelveli - 11.
+1 CC to M/s.I.PINAYGASH, Advocate ( SR-10497[F] dated 11/03/2021 ) W.P.(MD) Nos.4942, 4944, 4947 4946 & 4950 of 2021 09.03.2021 KMV(CO) TR(07.04.2021) 4P 8C 4/4