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Madras High CourtWP(MD)/13185/2022disposed of

Ravichandran .M v. The Chief Executive Officer

2022-06-28Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD)No.13185 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.13185 of 2022 and W.M.P(MD)No.9366 of 2022 M.Ravichandran ... Petitioner /vs./ 1.The Chief Executive Officer, Tamilnadu Khadi & Village Industries Board, Kuralagam, Chennai-600 104.

2.The Regional Deputy Director, Khadi & Village Industries, Opposite to Railway Junction, Tiruchirapalli, Tiruchirapalli District.

3.The Assistant Director, Khadi & Village Industries, Siluvathur Road, Dindigul-624 005.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to award Special Grade pay admissible to the petitioner during the period from 20.08.2010 to 31.12.2014 and pass such other or suitable order / orders as this Court.

For Petitioner : Mr.T.Cibi Chakraborthy For Respondents : Mr.S.Raguvaran Gopalan 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 first respondent on 16.09.2021 seeking to award Special Grade pay admissible to the petitioner during the period from 20.08.2010 to 31.12.2014. 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.13185 of 2022

4. In the light of the above observations, there shall be a direction to the first respondent to consider the petitioner's representation dated 16.09.2021 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. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (RTI) // True Copy // /07/2022 Sub Assistant Registrar(CS) btr To 1.The Chief Executive Officer, Tamilnadu Khadi & Village Industries Board, Kuralagam, Chennai-600 104.

2.The Regional Deputy Director, Khadi & Village Industries, Opposite to Railway Junction, Tiruchirapalli, Tiruchirapalli District.

3.The Assistant Director, Khadi & Village Industries, Siluvathur Road, Dindigul-624 005.

+1 CC to M/s.T. CIBI CHAKRABORTHY, Advocate ( SR-28583[F] dated 28/06/2022 ) +1 CC to M/s.RAGUVARAN GOPALAN, Advocate ( SR-29195[F] dated 30/06/2022 ) Order made in W.P.(MD)No.13185 of 2022 Dated:

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