K.Poongodi, v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.17870 of 2025 K.Poongodi ... Petitioner -vs1. The Commissioner, Treasuries and Accounts Department, No.571, Perasiriyar Anbazhagan Maaligai, 5th Floor, Nandanam, Anna Salai, Chennai 600 035

2. The Assistant Director, Veterinary and Animal Husbandry Department, Paramakudi, Ramanathapuram District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to disburse the petitioner's entire accumulated CPS amount from the petitioner's CPS account CPS.No.7197263/VETY within the time frame fixed by this Court. For Petitioner : Ms.P.Subathra Devi For Respondents : Mr.S.R.A.Ramachandhran Additional Government Pleader 1/6

ORDER

This writ petition has been filed seeking a direction to the 2nd respondents to disburse the petitioner's entire accumulated CPS amount from the petitioner's CPS account CPS.No.7197263/VETY within the time frame fixed by this Court.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself.

3. The petitioner was appointed in the post of 'Veterinary Assistant Surgeon' on temporary basis on 22.05.2012 and she was working till 2015. Since she had to take care of her child, she resigned her job, which was accepted only on 05.12.2020. While she was working, a sum of Rs.4,110/- was debited from her salary every month as CPS amount. Hence, the petitioner sent a representation to the second respondent to disburse her entire CPS amount and the said representation has been forwarded to the first respondent on 12.03.2025. However, the same is pending with the first respondent till date. Therefore, the petitioner made a representation to the 2/6

first respondent dated 09.05.2025. Since the said representation was not considered, the petitioner has filed the present Writ Petition.

4. 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 him 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 the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the first respondent to consider the petitioner's representation dated 09.05.2025 on its own merits and pass appropriate orders in accordance with law, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

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6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 02.07.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:-

1. The Commissioner, Treasuries and Accounts Department, No.571, Perasiriyar Anbazhagan Maaligai, 5th Floor, Nandanam, Anna Salai, Chennai 600 035

2. The Assistant Director, Veterinary and Animal Husbandry Department, Paramakudi, Ramanathapuram District.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.17870 of 2025 Dated:

02.07.2025 6/6