G.Sekar (Retd) v. The Commissioner

W.P.(MD) No.5569 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.5569 of 2021 G.Sekar ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Department, 119, Utthamar Gandhi Salai, Chennai-38.

2.The Executive Officer, Arulmigu Dhandayuthapani Swamy Temple, Palani-624601, Dindigul District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent herein to pass appropriate orders on the representation dated 22.02.2021 given by the writ petitioner and to pay the enhanced departmental revised pension of Rs.3,000/- from 31.01.2020 till date along with 10% interest to the petitioner, within the time limit fixed by this Court.

For Petitioner : Mr.S.Manikandan For R-1 : Mr.K.P.Narayanakumar Special Government Pleader For R-2 : Mr.V.R.Shanmuganathan Standing Counsel

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.Since the petitioner's request to the respondents to pay the enhanced departmental revised pension of Rs.3,000/- from 31.01.2020 till date along with interest to him was not considered, the Writ Petition has been filed. According to the petitioner, he has made a representation in this regard on 22.02.2021, which is 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, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence this Court will be justified https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.5569 of 2021 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 firs respondent herein to consider the petitioner's representation dated 22.02.2021, 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 22.02.2021, on its own merits and pass appropriate orders in accordance with law, within a period of three months 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) 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 Commissioner, Hindu Religious and Charitable Endowment Department, 119, Utthamar Gandhi Salai, Chennai-38.

2.The Executive Officer, Arulmigu Dhandayuthapani Swamy Temple, Palani-624601, Dindigul District.

W.P.(MD) No.5569 of 2021 12.03.2021 VR(CO) KB(15.04.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2