Santha Ram .D.J v. The Assistant District Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.12796 of 2022 and W.M.P.(MD)Nos.9082 & 9083 of 2022 D.J.Santha Ram ... Petitioner /vs./ The Assistant District Officer, Tamil Nadu Fire and Rescue Services Department, Ramanathapuram District Office, Ramanathapuram.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the respondent in Pa.Aa.No.180/2021, Na.Ka.No. 3952/Aa1/2021 dated 16.06.2021 and quash the same consequently direct the respondent to forthwith to reinstate the petitioner in service. 1/6

For Petitioner : Mr.S.Gokul Raj 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.Though the prayer sought for in this writ petition is larger in nature, the learned Counsel for the petitioner confines the prayer to consider the petitioner's representation dated 19.11.2021. The learned Additional Government Pleader appearing for the respondent has no serious objection for the same. 3.The petitioner herein had given a representation to the respondent on 19.11.2021 seeking for reinstatement of the petitioner into service. Since the said representation was not considered, the present writ petition has been filed. 2/6

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 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, 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 Constitution of India and direct them to consider the same within a stipulated time. 5.In the light of the above observations, there shall be a direction to the respondent herein to consider the petitioner's representation dated 19.11.

2021 on its own merits and pass appropriate orders in accordance with law, within a period of two (2) 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.

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6.With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

22.06.2022 Index : Yes / No Internet : Yes / No sm 4/6

To:

The Assistant District Officer, Tamil Nadu Fire and Rescue Services Department, Ramanathapuram District Office, Ramanathapuram.

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M.S.RAMESH, J.

Sm Order made in W.P.(MD) No.12796 of 2022 Dated:

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