Ramachandran .K v. The Director

W.P.(MD) No.13330 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.13330 of 2022 K.Ramachandran ... Petitioner Vs.

1.The Director, State Council of Educational Research and Training, College Road, Nungambakkam, Chennai - 600 006.

2.The Principal, District Institute of Education and Training, T.Kallupatti, Madurai District.

... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the 1st respondent to consider the revocation of suspension order in Pro.Roc.No.896/A2/2022 dated 14.02.2022 and reinstate the petitioner with all attendant benefits in the light of petitioner representation dated 20.05.2022, within the time stipulated by this Court.

For Petitioner : Mr.W.Pamelin For Respondents : Mr.V.Nirmal Kumar Government Advocate

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 20.05.2022 seeking to consider the revocation of suspension order in Pro.Roc.No.896/A2/2022 dated 14.02.2022 and reinstate the petitioner with all attendant benefits . 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 https://www.mhc.tn.gov.in/judis 1/2

W.P.(MD) No.13330 of 2022 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 20.05.2022 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.

5. With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (AS) // True Copy // 05/07/2022 Sub Assistant Registrar(CS) To 1.The Director, State Council of Educational Research and Training, College Road, Nungambakkam, Chennai - 600 006.

2.The Principal, District Institute of Education and Training, T.Kallupatti, Madurai District.

+1 CC to M/s.SPL.GP ( SR-28461[F] dated 28/06/2022 ) W.P.(MD) No.13330 of 2022 Date:27.06.2022 SA(05.07.2022) 2P 4C https://www.mhc.tn.gov.in/judis 2/2