Krishnakumar T v. The Director Of Agriculture

W.P.(MD).No.12171 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2022

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.(MD).No.12171 of 2022 T.Krishnakumar

...Petitioner

Vs The Director of Agriculture, The Department of Agriculture, Chepauk, Chennai - 600 005.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to give promotion to the petitioner as per the Service Rules at par with B.Sc., Agri Candidates and give all monetary benefits by considering the petitioner's representation dated 14.05.2022, within the period as stipulated by this Court.

For Petitioner : Mr.A.Haja Mohideen For Respondent : Mr.G.Suriyananth, Additional Government Pleader.

ORDER

By consent of both the parties, this writ petition is taken up for final disposal.

2. The petitioner herein had given a representation to the respondent on 14.05.2022 seeking for promotion as per the Service Rules at par with B.Sc., Agri Candidates and monetary benefits. 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 respondent 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.12171 of 2022 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 respondent herein to consider the petitioner's representation dated 14.05.2022 on its own merits and pass appropriate orders in accordance with law, within a period of six 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(T & P) // True Copy // /07/2022 Sub Assistant Registrar(CS) Nsr To The Director of Agriculture, The Department of Agriculture, Chepauk, Chennai - 600 005.

+1 CC to M/s.SPL.GP ( SR-26744[F] dated 20/06/2022 ) W.P.(MD).No.12171 of 2022 17.06.2022 KMV(CO) TR(01.07.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2