Saroja.R.T v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.18778 of 2022 Dr.R.T.Saroja ... Petitioner /vs./ 1.Mother Teresa Women's University, Represented by its Vice-Chancellor, Kodaikanal-624 101, Dindigul District.

2.Mother Teresa Women's University, Represented by its Registrar, Kodaikanal-624 101, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to disburse the retirement benefits to the petitioner along with other consequential benefits including the Career Advancement Scheme benefits within the time period stipulated by this Court and pass such further or other orders as this Court. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.A.V.N.Siva 1/5

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 second respondent on 09.08.2022 seeking to disburse the retirement benefits along with other consequential benefits including the Career Advancement Scheme benefits. 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. 2/5

4. In the light of the above observations, there shall be a direction to the second respondent herein to consider the petitioner's representation dated 09.08.2022 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. There shall be no order as to costs.

18.08.2022 Index : Yes / No Internet : Yes / No btr/lm 3/5

To 1.The Vice-Chancellor, Mother Teresa Women's University, Kodaikanal-624 101, Dindigul District.

2.The Registrar, Mother Teresa Women's University, Kodaikanal-624 101, Dindigul District.

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M.S.RAMESH, J.

btr/lm Order made in W.P.(MD)No.18778 of 2022 Dated:

18.08.2022 5/5