Manivasagam S v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH S.Manivasagam ... Petitioner Vs.

1. The Managing Director, Thiruvalluvar Illam, Pallavan Salai, Chennai.

2. The General Manager, Thiruvalluvar Illam, Pallavan Salai, Chennai.

3. The Branch Manager, Branch Office, K.K.Nagar, Madurai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the first and second respondents to provide him any suitable employment on the basis of the petitioner's Educational Qualification on Compassionate Grounds on account of the death of his father namely Mr.Subbaiahpathi (Employment No.6129) by considering his representations dated 06.12.2018 and 13.04.2022. For Petitioner :

Mr.J.Lawrance For Respondents :

Mr.S.Ramachandra Pradeep Standing counsel

O R D E R

By consent of both the parties, this Writ Petition is taken up for final disposal.

2. The petitioner herein had given representations to the respondents on 06.12.2018 and 13.04.2022 seeking Compassionate appointment on account of the death of his father, namely,

Subbaiahpathi (Employment No.6129). Since the said representations were 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 respondents herein to consider the petitioner's representations dated 06.12.2018 and 13.04.2022 on its own merits and pass appropriate orders in accordance with law, within a period of twelve 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 respondents 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 // /06/2022 Sub Assistant Registrar(CS) vji To

1. The Managing Director, Thiruvalluvar Illam, Pallavan Salai, Chennai.

2. The General Manager, Thiruvalluvar Illam, Pallavan Salai, Chennai.

3. The Branch Manager, Branch Office, K.K.Nagar, Madurai.

+1 CC to M/s.RAMACHANDRA PRADEE[, Advocate ( SR-26921[F] dated 20/06/2022 ) +1 CC to M/s.J. LAWRANCE, Advocate ( SR-27023[F] dated 21/06/2022 ) 20.06.2022 MGJ(29.06.2022) 3P 6C