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Madras High CourtWP(MD)/6684/2021disposed of

Velusamy.Ma v. The Alagappa University

2021-03-24Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD) No.6684 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.6684 of 2021 MA.Velusamy

...Petitioner

Vs.

The Alagappa University, represented by its Registrar, Karaikudi, Sivagangai District.

... Respondent P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to consider the claim of the petitioner to transfer him on deputation to the post of Assistant Professor in the Department of Social Work in the Respondent University within time frame stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondent : Mr.P.Muthuvel for M/S.Isaac Chamber

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 respondent to transfer him on deputation to the post of Assistant Professor in the Department of Social Work in the Respondent University, was not considered, the writ petition has been filed. According to the petitioner, he has made a representation in this regard on 18.02.2021, 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.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.6684 of 2021 4.In the light of the above observations, it would be appropriate to direct the respondent herein to consider the petitioner's representation dated 18.02.2021, 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 respondent to consider the petitioner's representation dated 18.02.2021, on its own merits and pass appropriate orders in accordance with law, as expeditiously as possible.

6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar () // 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.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-13494[F] dated 25/03/2021 ) +1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-13733[F] dated 25/03/2021 ) W.P.(MD) No.6684 of 2021 24.03.2021 (CO) HB(24.04.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2