Petchiyammal v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2024

CORAM

THE HONOURABLE MS JUSTICE R.N.MANJULA Petchiyammal ... Petitioner Vs.

1.The Secretary to Government, Social Welfare Nutrition Program Department, Chennai-600 009.

2.The District Collector, Madurai District.

3.The Commissioner, Chellampatti Panchayat Union, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 24.07.2024 and consequently direct the respondent to reinstate the petitioner in the post of Noon Meal Organizer. For Petitioner : Mr.M.Divakaran For R1 & R2 : Mr.S.Shanmugavel Additional Government Pleader For R3 : Mr.N.Ramesh Arumugam

O R D E R

Heard Mr.M.Divakaran, learned counsel for the petitioner and Mr.S.Shanmugavel, learned Additional Government Pleader for the respondents 1 and 2 and Mr.N.Ramesh Arumugam, learned counsel for the third respondent. 1/4

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3.The petitioner was working as a Noon Meal Organizer and she was suspended from service based on the criminal case registered against her. Therefore, she made a representation dated 24.07.2024 seeking to revoke her suspension and to reinstate her into service. 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 required to be given with a direction to consider the representation of the petitioner within a specified time frame.

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5. In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 24.07.2024 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.

30.07.2024 NCC:yes/no Index:yes/no Internet:yes/no ta To 1.The Secretary to Government, Social Welfare Nutrition Program Department, Chennai-600 009.

2.The District Collector, Madurai District.

3.The Commissioner, Chellampatti Panchayat Union, Madurai District.

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R.N.MANJULA, J.

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