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Madras High CourtWP(MD)/983/2019disposed of

G.Muthuraj, S/O.P.Gopal, v. The Chairman,

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

W.P.(MD) No.983 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.983 of 2019 and W.M.P.(MD).No.819 of 2019 G.Muthuraj ... Petitioner Vs.

1.The Chairman, Pandiyan Grama Bank, Administrative Office, 2-70-1, Collectorate Complex, Virudhunagar - 626 002.

2.The General Manager, Pandiyan Grama Bank, Administrative Office, 2-70-1, Collectorate Complex, Virudhunagar - 626 002.

... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the 1st and 2nd respondents to follow the Government guidelines as stipulated by the Government of India for the recruitment of Messengers /Office Attendants in Pandyan Grama Bank without violating the reservation policy as per the petitioners representation dated 11.12.2018. For Petitioner : Mr.S.Radhakrishnan For Respondents : Mr.N.Dilip Kumar for R1 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 11.12.2018 seeking to follow the Government guidelines as stipulated by the Government of India for the recruitment of Messengers /Office Attendants in Pandyan Grama Bank without violating the reservation policy. Since the said representation was not considered, the present writ petition has been filed.

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W.P.(MD) No.983 of 2019

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 second respondent herein to consider the petitioner's representation dated 11.12.2018, 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. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) TM TO The General Manager, Pandiyan Grama Bank, Administrative Office, 2-70-1, Collectorate Complex, Virudhunagar - 626 002.

+1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-24476[F] dated 07/06/2022 ) W.P.(MD) No.983 of 2019 06.06.2022 SG(CO) GC(13.06.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2