Krishnan, v. Tamil Nadu Information
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.10495 of 2018 Krishnan ... Petitioner vs.
1. Tamil Nadu Information Commission, No.2, Near Aalai Amman Kovil, Alaiyamman Kovil Street, T.Nagar, Chennai - 18.
2. The First Appellate Authority, The Principal Secretary to Government, School Education Department, Secretariat, Chennai - 9.
3. The Public Information Officer, The Principal Secretary, School Education Department, Fort.St.George, Chennai - 9.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to dispose petitioner Second Appeal dated 20.03.2018 within a time fixed by this Court and to direct the third respondent to provide the information regarding the copy of rules the basic salary for regarding the post of Lab-Assistant on a contract basis under Service Rules.
For Petitioner :
Mr.V.Manikandan For 1st Respondent :
Mr.K.K.Senthil For R2 & R3 : Mr.N.Shanmuga Selvam Additional Government Pleader
O R D E R
The grievance of the petitioner is to direct the first respondent to dispose the second appeal dated 20.03.2018, has not been consider by the respondents till date and therefore, he has filed the present writ petition.
2. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is https://hcservices.ecourts.gov.in/hcservices/
needless to point out that whenever a representation of this nature is made, the respondents are duty bound to dispose the same in one way or the other. Non-disposal of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to dispose the petitioner's representation within a stipulated time.
3. In view of the limited prayer sought for in this writ petition, there shall be a direction to the first respondent to dispose the second appeal dated 20.03.2018 on its own merits and take further action in accordance with law, within a period of three months from the date of receipt of a copy of this order. Such exercise shall be done after giving due opportunity to the petitioner as well as to other persons who may be interested in the subject matter.
4. With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To:
1. Tamil Nadu Information Commission, No.2, Near Aalai Amman Kovil, Alaiyamman Kovil Street, T.Nagar, Chennai - 18.
2. The First Appellate Authority, The Principal Secretary to Government, School Education Department, Secretariat, Chennai - 9.
3. The Public Information Officer, The Principal Secretary, School Education Department, Fort.St.George, Chennai - 9.
+ 1 cc TO Mr.V.Manikandan , Advocate in SR No. 67686 + 1 cc TO Mr.K.K.Senthil , Advocate in SR No. 67775 das/cp AE/SV MMS/SAR1/20.06.2018/2P/6C W.P.(MD) No.10495 of 2018 11.06.2018 https://hcservices.ecourts.gov.in/hcservices/