S.Balasubramanian v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA S.Balasubramanian

...Petitioner

Vs 1.The State of Tamil Nadu, Represented by its Secretary, Planning Development and Special Initiatives Department, Fort St.George, Chennai - 600 009.

2.The Director, Department of Economics and Statistics, D.M.S.Compound, Chennai - 600 006.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus, directing the respondents to consider and pass orders forthwith on the petitioner's representation dated 15.05.2024 seeking to fix ratio for promotion in the posts of Deputy Director of Statistics, Joint Director of Statistics, Additional Director of Statistics and Director of Statistics by making appropriate amendment to the Tamil Nadu Statistical Service Rules. 1/5

For Petitioner : Mr.K.Ragatheesh Kumar For M/s.Isaac Chambers For Respondents : Mr.S.Shanmugavel Additional Government Pleader

O R D E R

Heard Mr.K.Ragatheesh Kumar, for M/s.Isaac Chambers, learned counsel for the petitioner and Mr.S.Shanmugavel, learned Additional Government Pleader for the respondents.

2. The petitioner herein had given a representation to the respondents on 15.05.2024 seeking to fix ratio for promotion in the posts of Deputy Director of Statistics, Joint Director of Statistics, Additional Director of Statistics and Director of Statistics by making appropriate amendment to the Tamil Nadu Statistical Service Rules. 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 2/5

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. The failure on the part of the authority had prompted the petitioner to file this petition for seeking relief through issuance of Writ of Mandamus. As the petitioner has made out a case for invoking the extraordinary powers of this Court under Article 226 of the Constitution of India, the respondents are required to be given with direction to consider the representation of the petitioner within a specified time frame.

4. In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 15.05.2024 on its own merits and pass appropriate orders in accordance with law, within a period of twelve 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 respondents to consider the same on its own merits. 3/5

5. With the above direction, the Writ Petition stands disposed of. No costs.

02.08.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:

1.The Secretary, The State of Tamil Nadu, Planning Development and Special Initiatives Department, Fort St.George, Chennai - 600 009.

2.The Director, Department of Economics and Statistics, D.M.S.Compound, Chennai - 600 006.

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R.N.MANJULA, J.

Nsr 02.08.2024 5/5