Madras High CourtWP(MD)/12808/2022disposed of

Saravanan .K v. The Managing Director

2022-06-22Honourable Mr Justice M.S. Ramesh2 pages

WP(MD)No.12808 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.12808 of 2022 K.Saravanan ... Petitioner /vs./ 1.The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd., Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd., Trichy Region, Trichy.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to take necessary action on the basis of the petitioner's representation dated 11.09.2021 with regard to appoint the petitioner under compassionate ground in any of the suitable post according to the petitioner's educational qualification within a time stipulated by this Court.

For Petitioner : Mr.D.Anbarasu For Respondents : Mr.K.Jagadees Balan Standing Counsel

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 respondents on 11.09.2021 seeking for compassionate ground in any of the suitable post according to the petitioner's educational qualification. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

WP(MD)No.12808 of 2022 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 respondent herein to consider the petitioner's representation dated 11.09.2021 on its own merits and pass appropriate orders in accordance with law, within a period of three (3) months 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 (CO) // True Copy // /07/2022 Sub Assistant Registrar(CS) sm To 1.The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd., Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd., Trichy Region, Trichy.

+1 CC to M/s.K. JAGADEES BALAN, Advocate ( SR-27328[F] dated 22/06/2022 ) +1 CC to M/s.D. ANBARASU, Advocate ( SR-27561[F] dated 22/06/2022 ) W.P.(MD) No.12808 of 2022 22.06.2022 MGJ(01.07.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2