S.Sugumari v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.9911 of 2024 S.Sugumari ... Petitioner Vs.
1.The District Collector Office of the District Collector, Dindigul District.
2.The District Programme Officer, Integrated Child Development Scheme (ICDS), Dindigul District.
3.The Child Development Programme Officer, Child Development Programme Office, Natham Taluk, Dindigul District.
... Respondents 1/7
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1st respondent to revoke the petitioner's suspension order in Na.Ka. No.94/A1/2022 dated 13.01.2022 and reinstate the petitioner into service as Anganwadi Helper in Nehru Nagar Anganwadi Centre Natham Taluk, Dindigul District and consequential direction to the respondents to disburse the arrears of subsistence allowance to the petitioner from the date of her suspension based on the petitioners representation dated 25.03.2024.
For Petitioner : Mr.S.Arjun For Respondents: Mr.S.Shanmugavel Additional Government Pleader
ORDER
The petitioner has filed this Writ Petition seeking a Writ of Mandamus directing the 1st respondent to revoke the 2/7
petitioner's suspension order in Na.Ka. No.94/A1/2022 dated 13.01.2022 and reinstate the petitioner into service as Anganwadi Helper in Nehru Nagar Anganwadi Centre Natham Taluk, Dindigul District and consequential direction to the respondents to disburse the arrears of subsistence allowance to the petitioner from the date of her suspension based on the petitioners representation dated 25.03.2024.
2. Heard Mr.S.Arjun, learned counsel for the petitioner and Mr.S.Shanmugavel, learned Additional Government Pleader for the respondents.
3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
4. The petitioner herein had given a representation to the respondents on 25.03.2024 seeking to revoke the suspension order dated 13.01.2022 passed by the first respondent and to 3/7
reinstate the petitioner in service as Anganwadi Helper. Since the said representation was not considered, the present writ petition has been filed.
5. 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. The failure on the part of the authority had prompted the petitioner to file this petition for seeking relief through issuance of Writ of Mandamus. As the petitioner has made out a case for invoking the extraordinary powers of this Court under Article 226 of the Constitution of India, the respondents are required to be given with direction to consider the representation of the petitioner within a specified time frame. 4/7
6. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 25.03.2024 on its own merits and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not gone into the merits of the claim of the petitioner and it is open to the first respondent to consider the same on its own merits.
7. With the above direction, the Writ Petition stands disposed of. No costs.
23.04.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM Note : Issue Order copy on 24.04.2024 5/7
To 1.The District Collector Office of the District Collector, Dindigul District.
2.The District Programme Officer, Integrated Child Development Scheme (ICDS), Dindigul District.
3.The Child Development Programme Officer, Child Development Programme Office, Natham Taluk, Dindigul District.
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R.N.MANJULA , J.
RM Order made in W.P.(MD)No.9911 of 2024 23.04.2024 7/7