Panchavarnam.A.V v. The Director Of Municipal Administration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH A.V.Panchavarnam ... Petitioner /vs./ 1.The Director of Municipal Administration, Commissionerate of Municipal Administration, Santhome High Road, Chennai-28.
2.The Commissioner, Madurai Corporation, Aringar Anna Maaligai, Madurai, Madurai District.
3.The Joint Director/Project Director, Tamil Nadu State Rural Livelihoods Mission, Project Implementation Unit, New Natham Road, Reserve Line, Madurai, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent Nos.1 & 2 to allow the petitioner to join duty as Community Organizer in the second respondent office in the light of relieving order issued by the third respondent in his proceedings in Na.Ka.No.3844/2018/A5, dated 18.11.2021 and to pay the arrears of salary from 19.11.2021 to till date by considering the petitioner's representation, dated 09.04.2022 within the period that may be stipulated by this Court.
For Petitioner : Mr.Mohammed Imran for M/s.Ajmal Associates For R-1 & R-3 : Mr.G.Suriyananth Additional Government Pleader For R-2 :
Mr.K.K.Kannan Standing Counsel
ORDER
By consent of both the parties, this writ petition is taken up for final disposal.
1/3
2. The petitioner herein had given a representation to the first and second respondent on 09.04.2022 seeking for appointment to the post of Community Organizer in the second respondent office. Since the said representation was not considered, the present writ petition has been filed.
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, there shall be a direction to the first and second respondent herein to consider the petitioner's representation dated 09.04.2022 on its own merits and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views 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. With the above direction, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) btr/vji To 1.The Director of Municipal Administration, Commissionerate of Municipal Administration, Santhome High Road, Chennai-28.
2.The Commissioner, Madurai Corporation, Aringar Anna Maaligai, Madurai, Madurai District.
2/3
3.The Joint Director/Project Director, Tamil Nadu State Rural Livelihoods Mission, Project Implementation Unit, New Natham Road, Reserve Line, Madurai, Madurai District.
+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-26384[F] dated 17/06/2022 ) +1 CC to M/s.K.K. KANNAN, Advocate ( SR-26805[F] dated 20/06/2022 ) +1 CC to M/s.SPL.GP. ( SR-26409[F] dated 17/06/2022 ) Order made in Dated:16.06.2022 CK(CO) GC(29.06.2022) 3P 7C 3/3