Kalaiselvan.V v. Madurai Kamaraj University

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.18889 of 2022 Dr.V.Kalaiselvan ... Petitioner /vs./ Madurai Kamaraj University, Represented by its Registrar, Palkalai Nagar, Madurai-625 021.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent herein to sanction and disburse forthwith the Contributory Pension benefits, Encashment of Earned Leave and other monetary benefits with appropriate interest from 01.07.2020 onwards to the petitioner within a reasonable time specified by this Court. For Petitioner : Mr.E.V.N.Siva For Respondent : Mr.K.Ragathees Kumar for M/s.Isaac Chambers 1/4

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 respondent on 27.07.2022 seeking to sanction and disburse forthwith the Contributory Pension benefits, Encashment of Earned Leave and other monetary benefits with appropriate interest from 01.07.2020 to till date at the earliest. 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. 2/4

4. In the light of the above observations, there shall be a direction to the respondent herein to consider the petitioner's representation dated 27.07.2022 on its own merits and pass appropriate orders in accordance with law, within a period of eight (8) 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 To The Registrar, Madurai Kamaraj University, Palkalai Nagar, Madurai-625 021.

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M.S.RAMESH, J.

btr/lm Order made in W.P.(MD)No.18889 of 2022 Dated:

18.08.2022 4/4