Madras High CourtWP(MD)/4296/2020disposed of

Roja Ramani v. The Superintendent Of Police

2020-02-28Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.4296 of 2020 Roja Ramani ... Petitioner /vs./ The Superintendent of Police, Madurai District, Madurai ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondent to consider the petitioner's representation dated 28.06.2018 seeking pay fixation and attendant monetary benefits taking into account of the further action dropped in PR.No.99/2013 dated 23.02.2016 within the period that may be stipulated by this Court. For Petitioner : Mr.P.Venkata Subramanians For Respondent : Mr.R.Sethuraman Special 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 by the petitioner is that to consider the representation dated 28.06.2018 seeking pay fixation and attendant monetary benefits taking into account of the further action dropped in PR.No.99/2013 dated 23.02.2016. 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 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 respondent herein to consider the petitioner's representation dated 28.06.2018 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. The petitioner is called upon to submit a copy of the representation along with 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 her representation and it is for the respondent to consider it in accordance with law. https://hcservices.ecourts.gov.in/hcservices/

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

Sd/- Assistant Registrar (AD-I) // True Copy // / /2020 Sub Assistant Registrar(CS) cp To The Superintendent of Police, Madurai District, Madurai +1 CC to M/s.P.VENKAT SUBRAMANIAN, Advocate ( SR-9351[F] +1 CC to M/s.SPL.GP ( SR-9648[F] dated 02/03/2020 ) Order made in W.P.(MD) No.4296 of 2020 Dated: 28.02.2019 SMA/12/03/2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/