Eswaran M R v. The Director Of Information And Public Relations
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.R.Eswaran ... Petitioner Vs
1. The Director of Information and Public Relations, Secretariat, Fort. St. George, Chennai - 9.
2. The Public Relation Officer, Madurai District, Madurai District Collector Office Campus, Madurai, Madurai District.
3. The Public Relation Officer, Dindigul District, Dindigul District Collector Office Campus, Dindigul, Dindigul District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to sanction and disburse Special Grade scale of pay from 02.12.2022 onwards to the the petitioner by considering his representation, dated 04.08.2023. For Petitioner : Mr. E.V.N.Siva For Respondents : Mr.C.Baskaran Government Advocate 1/5
ORDER
The present writ petition has been filed seeking a direction to the respondents to sanction and disburse the Special Grade scale of pay to the petitioner from 02.12.2022 onwards by considering his representation, dated 04.08.2023.
2.By consent of both parties, considering the limited relief sought for by the petitioner, the Writ Petition is taken up for final disposal at the stage of admission itself.
3.Heard, the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. Perused the materials on record.
4.(i).The petitioner is presently working as Office Assistant in Assistant Photographer Selection Grade Scale of Pay in the 2nd respondent office from 08.01.2024 onwards. He is entitled for Special Grade of pay from 02.12.2022 onwards. However, the same was not granted inspite of repeated 2/5
representations, dated 04.08.2023, 23.11.2022, 02.12.2022, 18.01.2023 and 12.02.2024. Hence, this writ petition came to be filed.
5. 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 the respondents to consider the same within a stipulated time. 6.Considering the limited scope of the relief sought for by the petitioner, without going into the merits of the case, this Court hereby direct the first respondent to consider the representations of the petitioner and pass appropriate orders in accordance with law, within a period of twelve (12) weeks, from the date of receipt of a copy of this order. 3/5
7.With the above direction, this writ petition stands disposed of. There shall be no order as to costs.
26.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM To
1. The Director of Information and Public Relations, Secretariat, Fort. St. George, Chennai - 9.
2. The Public Relation Officer, Madurai District, Madurai District Collector Office Campus, Madurai, Madurai District.
3. The Public Relation Officer, Dindigul District, Dindigul District Collector Office Campus, Dindigul, Dindigul District.
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L.VICTORIA GOWRI, J.
PNM ORDER IN 26.02.2024 5/5