Vivek.T v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.16464 of 2022 T.Vivek ... Petitioner /vs./ 1.The State of Tamil Nadu, Represented by its Principal Secretary, Home Department, Secretariat, Chennai 600 009.
2.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Chennai-8.
3.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Chennai-8.
4.The Director General of Police, O/o the Director General of Police, Tamil Nadu, 1/6
5.The Director, Tamil Nadu Fire and Rescue Services, Rukmani Lakshmipathy Road, 6.The Superintendent of Police, O/o. the Superintendent of Police Office, Thanjavur, Thanjavur District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondents to consider the petitioner for appointment to the post of Grade II-Police (Fire Man) in pursuant to the notification No.1/2020 dated 17.09.2020 and by considering the petitioner's representation dated 06.06.2022 within the period that may be stipulated by this Court.
For Petitioner : Mr.Mohamed Suhail for M/s.Ajmal Associates For Respondents : Mr.Veera.Kathiravan Additional Advocate General assisted by Mr.M.Siddharthan, Additional Government Pleader 2/6
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 fifth respondent on 06.06.2022 seeking for appointment to the post of Grade II-Police (Fire Man), pursuant to the notification No.1/2020 dated 17.09.2020. 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. 3/6
4.In the light of the above observations, there shall be a direction to the fifth respondent herein to consider the petitioner's representation dated 06.06.2022 on its own merits and pass appropriate orders in accordance with law, within a period of four (4) 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. 27.07.2022 Index : Yes / No Internet : Yes / No sm 4/6
TO:
1.The Principal Secretary, Home Department, Secretariat, Chennai 600 009.
2.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Chennai-8.
3.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Egmore, Chennai-8.
4.The Director General of Police, O/o the Director General of Police, Tamil Nadu, 5.The Director, Tamil Nadu Fire and Rescue Services, Rukmani Lakshmipathy Road, 6.The Superintendent of Police, O/o. the Superintendent of Police Office, Thanjavur, Thanjavur District.
5/6
M.S.RAMESH, J.
Sm Order made in W.P.(MD)No.16464 of 2022 Dated:
27.07.2022 6/6