Indhira v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.16258 of 2022 Indhira ... Petitioner /vs./ 1.The Director, Rural Development and Panjayath Raj Department, Panakal Malikai, Saithapettai, Chennai-15.

2.The District Collector, District Collector Office, Sivagangai-630 562.

3.The Project Director, District Rural Development Agency, Sivagangai-630 562.

4.The Block Development Officer, Block Development Office, Manamadurai-630 606.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to appoint the petitioner as a Employment Guarantee Scheme Work Co-ordinator as per G.O.(Ms)No.66 dated 02.06.2022, and based on the representation of the petitioner on 04.07.2022 within a stipulated time that may be fixed by this Court. 1/5

For Petitioner : Mr.R.Senthilkumar For R-1 to R-3 : Mr.M.Siddharthan Additional Government Pleader For R-4 : Mr.N.Ramesh Arumugam Government Advocate

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 respondents on 04.07.2022 seeking for appointment of the petitioner as a Employment Guarantee Scheme Work Co-ordinator as per G.O.(Ms)No.66 dated 02.06.2022. 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 2/5

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 first and second respondents herein to consider the petitioner's representation dated 04.07.2022 on its own merits and pass appropriate orders in accordance with law, within a period of eight (8) 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. There shall be no order as to costs.

25.07.2022 Index : Yes / No Internet : Yes / No btr 3/5

To 1.The Director, Rural Development and Panjayath Raj Department, Panakal Malikai, Saithapettai, Chennai-15.

2.The District Collector, District Collector Office, Sivagangai-630 562.

3.The Project Director, District Rural Development Agency, Sivagangai-630 562.

4.The Block Development Officer, Block Development Office, Manamadurai-630 606.

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M.S.RAMESH, J.

btr Order made in W.P.(MD)No.16258 of 2022 Dated:

25.07.2022 5/5