Selvaraj.R v. The Chairman Cum Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2022
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH R.Selvaraj ... Petitioner Vs.
1.The Chairman Cum Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), TANTRANSCO New Building, 6th Floor, 144, Anna Salai, Chennai - 2.
2.The Secretary, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), 10th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai - 2.
3.The Chief Engineer, Distribution/Madurai Region, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), Madurai Regional Office, K.Pudur, Madurai - 7.
...Respondents
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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 22.06.2022 to accommodate the petitioner as Assistant Executive Engineer in the vacancy arising at Theppam Sub Division, Madurai Metro within the period that may be stipulated by this Court.
For Petitioner : Mr.C.Venkatesh Kumar for M/s.Ajmal Associates.
For Respondents : Mr.S.Arivalagan, Standing Counsel.
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 first respondent on 22.06.2022 seeking to accommodate him as Assistant Executive Engineer in the vacancy arising at Theppam Sub Division, Madurai Metro. Since the said representation was not considered, the present Writ Petition has been filed. 2/5
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.
4. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation, dated 22.06.2022, 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. 3/5
5. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.
03.08.2022 Index : Yes / No Internet : Yes/ No Lm/btr To 1.The Chairman Cum Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), TANTRANSCO New Building, 6th Floor, 144, Anna Salai, Chennai - 2.
2.The Secretary, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), 10th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai - 2.
3.The Chief Engineer, Distribution/Madurai Region, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), Madurai Regional Office, K.Pudur, Madurai - 7.
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M.S.RAMESH , J.
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