I.Muralitharan v. The Law Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.15134 of 2025 and W.M.P.(MD)No.11384 of 2025 I.Muralitharan ... Petitioner -vs1. The Law Secretary, Secretariat, St. George Fort, Chennai 600 009.

2. The Director Of Legal Studies, Directorate of Legal Studies, Purasawalkam High Road, Kilpauk, Chennai - 10.

3. The Member Secretary, Teachers Requirement Board, 4th Floor, EVK Sampath Palace, DPI Campus, College Road, Chennai 600 006.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to consider the petitioner's representation dated 29.01.2025 and directing the respondents 1 1/6

and 2 given U.G.C. Academic Level 11 to U.G.C. Academic Level 12 (Career Advancement Scheme) on the basis of Judgements in A.I.R. 2007 S.C. 3100 2018 6 S.C.C. 446 of Honble Supreme court and give monetary benefits to the petitioner from 04.06.2019.

For Petitioner : Mr.M.Venkatesan For Respondents : Mr.K.Balasubramani (R1 & R2) Special Government Pleader Mr.T.Amjad Khan (R3) Government Advocate

ORDER

This writ petition has been filed seeking a direction to the respondents 1 and 2 to consider the petitioner's representation dated 29.01.2025 and also to give U.G.C. Academic Level 11 to U.G.C. Academic Level 12 (Career Advancement Scheme) and also to give monetary benefits to the petitioner from 04.06.2019.

2. Heard the learned counsel on both sides and perused the materials placed before this Court.

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3. The petitioner is working as 'Assistant Professor in Law' in Labour Law Subject at Vellor Government Law College. While this being so, the second respondent directed all the principals of Government Law Colleges to give career advancement scheme to those who have completed five years period of service. However, the name of the petitioner has not been forwarded for the aforesaid scheme. In this regard, the petitioner made a representations to the respondents dated 29.01.2025 seeking for the aforesaid relief. Since the said representation was not considered, the petitioner has filed the present Writ Petition.

4. 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 him 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, nonconsideration 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 the Constitution of India and direct them to consider the same within a stipulated time. 3/6

5. In the light of the above observations, there shall be a direction to the first respondent to consider the petitioner's representations dated 29.01.2025, on its own merits and pass appropriate orders in accordance with law, within a period of one month from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

03.07.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:-

1. The Law Secretary, Secretariat, St. George Fort, Chennai 600 009.

2. The Director Of Legal Studies, Directorate of Legal Studies, Purasawalkam High Road, Kilpauk, Chennai - 10.

3. The Member Secretary, Teachers Requirement Board, 4th Floor, EVK Sampath Palace, DPI Campus, College Road, Chennai 600 006.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.15134 of 2025 Dated:

03.07.2025 6/6