K.Arputharaj v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH K.Arputharaj ... Petitioner -vs1.The Secretary to Government, Rural Development and Panchayat Raj Department, Chennai - 600 009.
2.The Commissioner, Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai - 600 015.
3.The District Collector (Development), Karur District, Karur.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to give effect to the revised seniority fixed by the third respondent vide proceeding dated 09.11.2021 in Na.Ka.Bava4/1586/2021, by granting subsequent service and monetary benefits to the petitioner, by considering the petitioner's representation dated 24.06.2025.
For Petitioner : Mr.G.R.Satish
For Respondents : Mr.S.R.A.Ramachandran Additional Government Pleader
ORDER
This Writ Petition has been filed seeking a direction to the third respondent to give effect to the revised seniority fixed by the third respondent vide proceedings dated 09.11.2021 in Na.Ka.Bava4/1586/2021, by granting all consequential service and monetary benefits to the petitioner, based on his representation dated 24.06.2025.
2. By consent, this Writ Petition is disposed of, at the admission stage itself.
3. According to the petitioner, he was appointed as 'Junior Assistant' on 11.05.2007 with seniority number 06. Although he is senior to one Murugesan both in appointment and probation, his junior was promoted earlier to the posts of Assistant, Deputy Block Development Officer and subsequently as Block Development Officer. The third respondent, by proceedings dated 09.11.2021, rightly revised the petitioner's seniority; however, the same has not yet been implemented. If the same is implemented, the petitioner would have been
notionally promoted as Deputy Block Development Officer on 18.07.2013 and as Block Development Officer on 08.07.2024, with all consequential service and monetary benefits. Despite submitting a representation dated 24.06.2025, no action has been taken by the respondents. Hence, the petitioner has approached this Court by way of the present Writ Petition.
4. Heard both sides.
5. 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, non-consideration 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.
6. In the light of the above observations, there shall be a direction to the third respondent to consider the petitioner's representation dated 24.06.2025, 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 third respondent to consider the same on its own merits.
7. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. NCC : Yes / No 04.07.2025 Index : Yes / No smn2 To:- 1.The Secretary to Government, Rural Development and Panchayat Raj Department, Chennai - 600 009.
2.The Commissioner, Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai - 600 015.
3.The District Collector (Development), Karur District, Karur.
VIVEK KUMAR SINGH , J.
smn2 04.07.2025