Ponrani.J v. The Joint Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH J.Ponrani
...Petitioner
Vs.
1.The Joint Director, School Education, (Secondary Grade Education), Directorate of School Education, College Road, Chennai 600 006.
2.The Chief Educational Officer, O/o. the Chief Educational Officer, Thoothukudi, Thoothukudi District.
3.The District Educational Officer, O/o. the District Educational Officer, Thoothukudi Educational District, Thoothukudi, Thoothukudi District.
4.The Block Educational Officer, O/o. the Block Educational Officer, Theppakulam Street, Srivaikuntam Range (BEO), Thoothukudi District.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent toprovide Annual Increment, Incentive, Earned Leave benefits surrender of available leave and etc by considering the petitioner's representation dated 06.11.2020 within the time stipulated by this Court.
For Petitioner : Mr.K.Arunraj For Respondents : Mr.N.Shanmugaselvam Additional Government Pleader
ORDER
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 3rd respondent to provide annual increment, incentive, earned leave benefits surrender of available leave and etc, was not considered, the writ petition 1/3
has been filed. According to the petitioner, he has made a representation in this regard on 15.03.2021, 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 1st respondent herein to consider the petitioner's representation dated 15.03.2021, 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 1st respondent to consider the petitioner's representation dated 15.03.2021, 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 (CO) // 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.
mm To 1.The Joint Director, 2/3
School Education, (Secondary Grade Education), Directorate of School Education, College Road, Chennai 600 006.
2.The Chief Educational Officer, O/o. the Chief Educational Officer, Thoothukudi, Thoothukudi District.
3.The District Educational Officer, O/o. the District Educational Officer, Thoothukudi Educational District, Thoothukudi, Thoothukudi District.
4.The Block Educational Officer, O/o. the Block Educational Officer, Theppakulam Street, Srivaikuntam Range (BEO), Thoothukudi District.
24.03.2021 GS (26.04.2021) 3P 5C 3/3