Selvam M v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH M.Selvam ... Petitioner -vs1.The District Collector, Dindigul District, Dindigul.
2.The Assistant Director (Town Panchayats), Collectorate Campus, Dindigul.
3.The Executive Officer, Selection Grade Town Panchayat, Chinnalapatti, Dindigul District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 28.11.2024 and appoint the petitioner as Sanitary Supervisor in the third respondent Selection Grade Town Panchayat, within a time frame that may be stipulated by this Court.
For Petitioner : Mr.R.R.Kannan For Respondents : Mr.K.Balasubramani Special Government Pleader
ORDER
This Writ Petition has been filed seeking a direction to the respondents to consider the petitioner's representation dated 28.11.2024 and to appoint the petitioner as 'Sanitary Supervisor' in the third respondent-Selection Grade Town Panchayat, within a time frame to be stipulated by this Court.
2. By consent, this Writ Petition is disposed of, at the admission stage itself.
3. According to the petitioner, he was appointed as a 'Sweeper' in the third respondent-Selection Grade Town Panchayat on 08.12.2008 based on employment seniority and has been discharging his duties diligently for the past 16 years with an unblemished record. He has passed the 8th Standard Examination and is fully eligible for promotion to the post of Sanitary Supervisor. A vacancy in the post of 'Sanitary Supervisor' now exists in the third respondent
Town Panchayat and remains unfilled. The petitioner's seniors have relinquished their right to promotion to the said post through written representations. Therefore, the petitioner submitted a representation dated 28.11.2024 to the respondents, requesting promotion to the post of Sanitary Supervisor. Though the representation was received on 29.11.2024, no action has been taken by the respondents till date. Hence, the present Writ Petition has been filed seeking appropriate direction for consideration of his representation and promotion.
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 28.11.2024, 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 07.07.2025 Index : Yes / No smn2 To:- 1.The District Collector, Dindigul District, Dindigul.
2.The Assistant Director (Town Panchayats), Collectorate Campus, Dindigul.
3.The Executive Officer, Selection Grade Town Panchayat, Chinnalapatti, Dindigul District.
VIVEK KUMAR SINGH , J.
smn2 07.07.2025