M.Karthigai Selvi, v. The Member Secretary,
W.P.(MD) No.683 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.683 of 2019 M.Karthigai Selvi ... Petitioner Vs.
The Member Secretary, Medical Services Recruitment Board, (MRB), Government of Tamil Nadu, 7th Floor, DMS Campus, No.359, Anna Salai,Teynampet, Chennai - 600 006.
... Respondent PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondent to appoint the petitioner as Lab Technician Grade - III in pursuant to the notification No.1/MRB/2016 dated 10.01.2016 by considering her representation, dated 10.12.2018, within the time stipulated by this Court.
For Petitioner : Mrs.Saranya for M/s.N.Sathish Babu For Respondents : Mr.T.S.Mohamed Mohideen 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 a representation to the respondents on 10.12.2018 seeking for appointment to the post of Lab Technician Grade - III. 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.
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W.P.(MD) No.683 of 2019
4. In the light of the above observations, there shall be a direction to the respondent herein to consider the petitioner's representation, dated 10.12.2018, on its own merits and pass appropriate orders in accordance with law, within a period of twelve
(12) 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-II) // True Copy // / /2022 Sub Assistant Registrar(CS) TM To The Member Secretary, Medical Services Recruitment Board, (MRB), Government of Tamil Nadu, 7th Floor, DMS Campus, No.359, Anna Salai,Teynampet, Chennai - 600 006.
+1 CC to M/s.T.S.MOHAMED MOHIDEEN, Advocate ( SR-24333[F] dated 06/06/2022 ) W.P.(MD) No.683 of 2019 06.06.2022 sg(CO) TR(13.06.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2