Mariappan.O v. The Director General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH O.Mariappan ... Petitioner Vs.

1. The Director General of Police, Indian Council of Forestry Research and Education (ICFRE), P.O.New Forest, Dehradun - 248 006, Uttrakhand State.

2. The Secretary, Indian Council of Forestry Research and Education (ICFRE), P.O.New Forest, Dehradun - 248 006, Uttrakhand State.

3. The Director, Institute of Forest Genetics and Tree Breeding (IFGTB), Forest Campus, R.S.Puram (post), Coimbatore - 641 002.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 03.03.2021 within a time limit.

For Petitioner :

Mr.A.D.Ganeshamoorthi

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 03.03.2021 seeking for revision of pay scale and MACP to the Librarian. 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.

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 03.03.2021 on its own merits and pass appropriate orders in accordance with law, within a period of eight 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.

01.07.2022 Index : Yes / No Speaking Order : Yes / No vji

To

1. The Director General of Police, Indian Council of Forestry Research and Education (ICFRE), P.O.New Forest, Dehradun - 248 006, Uttrakhand State.

2. The Secretary, Indian Council of Forestry Research and Education (ICFRE), P.O.New Forest, Dehradun - 248 006, Uttrakhand State.

3. The Director, Institute of Forest Genetics and Tree Breeding (IFGTB), Forest Campus, R.S.Puram (post), Coimbatore - 641 002.

M.S.RAMESH, J.

vji 01.07.2022