R.Srinivasan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.18618 of 2025 1.R.Srinivasan 2.S.Senthilkumar ... Petitioners -vsThe Commissioner, The Kumbakonam City Corporation, Kumbakonam, Thanjavur District.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to grant entire sanctioned service benefits as per their order in Na.Ka.No. 1438/2021/E1 dated 12.03.2024 by considering the petitioner's representation dated 24.05.2025, within the period as stipulated by this Court. For Petitioners : Mr.A.Haja Mohideen For Respondents : Mr.B.Jameel Arasu

ORDER

This writ petition has been filed seeking a direction to the respondent to grant entire sanctioned service benefits as per the order of the respondent in 1/4

Na.Ka.No. 1438/2021/E1 dated 12.03.2024 by considering the petitioner's representation dated 24.05.2025, within the period as stipulated by this Court.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself.

3. According to the petitioners, the petitioners were appointed as Wiremen in the respondent office on 24.06.1999 on consolidated pay and their service has been regularized only after a period of more than six years, ie., on 23.02.2006. Hence, the petitioners made a representation seeking regularization of their service on completion of three years, citing the order of this Court passed in the case of the similarly placed person as that of the petitioners. Pursuant to the same, the respondent passed an order dated 12.03.2024 granting entire benefits by regularizing their service w.e.f. 24.06.2002. Hence, the petitioner made a representation to the respondent dated 24.05.2025, seeking the aforesaid relief. Since the said representation was not considered, the petitioners have filed the present Writ Petition.

4. 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 2/4

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 the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the respondent to consider the petitioner's representation dated 24.05.2025 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 respondents to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 10.07.2025 NCC : Yes/No (1/2) Index : Yes / No sm 3/4

VIVEK KUMAR SINGH, J.

sm TO:-

1. The Commissioner, The Kumbakonam City Corporation, Kumbakonam, Thanjavur District.

Order made in W.P.(MD)No.18618 of 2025 (1/2) Dated:

10.07.2025 4/4