Jeyaseelan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH Jeyaseelan
...Petitioner
Vs.
1.The State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Secretariat, Chennai.
2.The Director of Elementary Education, DPI Complex College Road, Chennai.
3.The Chief Educational Officer, Chief Education Office, Thanjavur.
4.The District Educational Officer, District Education Office, Kumbakonam, Thanjavur District.
5.The Block Education Officer, Block Education Office, Thiruvidaimaruthur, Thanjavur.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation, dated 04.02.2021, on merits and grant the benefits of G.O.Ms.No.23, Finance (Pay Cell) Department, dated 12.01.2011, based on the covered Judgment of the this Court, in WP(MD).No.16800 of 2015, dated 11.02.2020. For Petitioner : Mr.S.Poornachandran For Respondents : Mr.N.Shanmuga Selvam Additional Government Pleader
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 consider the petitioner's representation, dated 04.02.2021, on merits and 1/3
grant the benefits of G.O.Ms.No.23, Finance (Pay Cell) Department, dated 12.01.2011, based on the covered Judgment of the this Court, in WP(MD).No.16800 of 2015, dated 11.02.2020, was not considered, the Writ Petition has been filed. According to the petitioner, he has made a representation in this regard on 04.02.2021, 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, 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 second respondent herein to consider the petitioner's representation dated 04.02.2021, 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 second respondent to consider the petitioner's representation dated 04.02.2021, 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 (CS-III) // 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.
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TM To 1.The State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Secretariat, Chennai.
2.The Director of Elementary Education, DPI Complex College Road, Chennai.
3.The Chief Educational Officer, Chief Education Office, Thanjavur.
4.The District Educational Officer, District Education Office, Kumbakonam, Thanjavur District.
5.The Block Education Officer, Block Education Office, Thiruvidaimaruthur, Thanjavur.
+1 CC to M/s.S.POORNACHANDRAN, Advocate ( SR-12157[F] dated 18/03/2021 ) +1 CC to M/s.SPL GP ( SR-12284[F] dated 18/03/2021 ) 16.03.2021 GS (06.05.2021) 3P 8C 3/3