Muthulakshmi.A v. The Executive Engineer/East

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.15840 of 2022 A.Muthulakshmi ... Petitioner /vs./ The Executive Engineer/East Madurai Electricity Distribution Circle, TANGEDCO., Limited, Thirupallai, Madurai District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondent to return the deducted pay from May 2017 to January 2018 and to grant wage revision arrear from 2015 to till date based on considering the petitioner's last Representation dated 02.11.2020.

For Petitioner : Mr.V.Muthuvelan For Respondent : Mr.S.Arivalagan Standing Counsel 1/4

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 respondent on 02.11.2020 seeking for repayment of the deducted pay from May 2017 to January 2018 and salary arrears from 2015 to till date. 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, nonconsideration 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. 2/4

4.In the light of the above observations, there shall be a direction to the respondent herein to consider the petitioner's representation dated 02.11.2020 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. 21.07.2022 Index : Yes / No Internet : Yes / No sm To:

The Executive Engineer/East Madurai Electricity Distribution Circle, TANGEDCO., Limited, Thirupallai, Madurai District.

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M.S.RAMESH, J.

Sm Order made in W.P.(MD) No.15840 of 2022 Dated:

21.07.2022 4/4