Samivel S v. The Director Of Agriculture / Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2024
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA S.Samivel ... Petitioner Vs.
1.The Director of Agriculture / Registrar, Agro Engineering Services, Directorate of Agriculture, Chepauk, Chennai - 600 005.
2.The Deputy Registrar Office of the Commissioner of Agriculture, Chepauk, Chennai - 600 005.
3.The Joint Director of Agriculture, Office of the Joint Director, Kattu Thottam, Thanjavur.
4.The Assistant Director of Agriculture, Agriculture Office, Muthupettai Road, Pattukkottai, Thanjavur District.
5.The Special Officer and Liquidator Officer, Pattukkottai Agro Engineering and Service Cooperative Centre Ltd, Office of the Assistant Director of Agriculture, Pattukottai, Thanjavur District.
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6.The Recovery Officer, Office of Recovery Officer, Provident Fund Organization, Sub Regional Office, Trichirappalli - 620 008.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents especially the 5th respondent to disburse my salary, bonus, leave salary, security deposit, gratuity etc., with interest from 01.04.2002 to 31.01.2011 within the time frame that may be stipulated by this Court and Consider petitioner's representation dated 23.01.2024.
For Petitioner : Mr.K.Guhan For Respondents : Mr.S.Shanmugavel Additional Government Pleader
O R D E R
Heard Mr.K.Guhan, learned counsel for the petitioner and Mr.S.Shanmugavel, learned Additional Government Pleader for the respondents.
2.By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2/6
3.The petitioner was working as Superintendent under the fifth respondent from the year 1976 till his date of retirement on 31.01.2011. The petitioner was disbursed with salary only till the year 2002 and thereafter, the petitioner was not granted with any salary. The fifth respondent Society was liquidated in the year 2012. Hence, the petitioner seeking disbursement of salary, bonus, leave salary, security deposit, gratuity etc., from 01.04.2002 to 31.01.2011 made a representation dated 23.01.2024 to the respondents. Since the same was not considered so far, the petitioner has filed this writ petition.
4. It is needless to point out that whenever a representation of this nature is made to a Government 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. The failure on the part of the authority had prompted the petitioner to file this petition for seeking relief through issuance of Writ of Mandamus. As the petitioner has made out a case for invoking the extraordinary powers of this Court under Article 226 of the Constitution of India, the respondents are 3/6
required to be given with a direction to consider the representation of the petitioner within a specified time frame.
5. In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 23.01.2024 on its own merits and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not gone into the merits of the claim of the petitioner and it is open to the respondents to consider the same on its own merits.
6. With the above direction, the Writ Petition stands disposed of. No costs.
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To 1.The Director of Agriculture / Registrar, Agro Engineering Services, Directorate of Agriculture, Chepauk, Chennai - 600 005.
2.The Deputy Registrar Office of the Commissioner of Agriculture, Chepauk, Chennai - 600 005.
3.The Joint Director of Agriculture, Office of the Joint Director, Kattu Thottam, Thanjavur.
4.The Assistant Director of Agriculture, Agriculture Office, Muthupettai Road, Pattukkottai, Thanjavur District.
5.The Special Officer and Liquidator Officer, Pattukkottai Agro Engineering and Service Cooperative Centre Ltd, Office of the Assistant Director of Agriculture, Pattukottai, Thanjavur District.
6.The Recovery Officer, Office of Recovery Officer, Provident Fund Organization, Sub Regional Office, Trichirappalli - 620 008.
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R.N.MANJULA, J.
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