M.Chezhiyan v. The Director -Sasta

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.19096 of 2025 M.Chezhiyan ... Petitioner -vs1. The Director -SASTA, Social Audit Society of Tamil Nadu, Panagal Maaligai, West Saidapet, Chennai 600 015.

2. The Joint Director(SR), Social Audit Society of Tamil Nadu, Chennai 600 015.

3. The Additional Collector(Development) / Project Director, District Rural Development Agency, Pudukkottai District.

4. The Assistant Director(Audit), Pudukkottai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the Respondent No.1 to re-engage petitioner as Block Resource Person in the light of the order passed by the Principal Seat of this Court in WP.No.19335 and 18552 of 2023 order dated 29.08.2023 and order passed by this Court in WA(MD)No.1367 of 2024 order dated 14.08.2024 within the time period stipulated by this Court. 1/6

For Petitioner : Mr.T.Aswin Raja Simman For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

This writ petition has been filed seeking a direction to the 1st respondent to re-engage the petitioner as 'Block Resource Person', in the light of the order passed by the Principal Seat of this Court in WP.No.19335 and 18552 of 2023 dated 29.08.2023 and order passed by this Court in WA(MD)No.1367 of 2024 dated 14.08.2024 within the time period stipulated by this Court.

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

3. The petitioner was originally appointed as 'Block Resource Person' at Virudhunagar District, on 17.10.2014 and worked for ten years without any remarks. Thereafter, he joined in Viralimalai Panchyat at Pudukkottai District. Due to medical ailment, he was not in a position to join duty there. In the year 2024, the first respondent decided to disengage all the existing 2/6

Block Resource Persons and recruit fresh candidates. Even after somany litigations, the respondents did not re-engage the petitioner as 'Block Resource Person'. Hence, the petitioner made a representation dated 28.06.2025 to the respondents seeking the aforesaid relief. The said representation was not considered and therefore, the petitioner has filed the present Writ Petition.

4. Now, the learned counsel appearing for the petitioner submits that though aforesaid relief has been sought for by the petitioner, now, he confines the prayer that it would suffice if the representation submitted by the petitioner dated 28.06.2025 is disposed of in accordance with law.

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, 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. 3/6

6. In the light of the above observations, there shall be a direction to the first respondent to consider the petitioner's representations dated 28.06.2025 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 respondents 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. 15.07.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:-

1. The Director -SASTA, Social Audit Society of Tamil Nadu, Panagal Maaligai, West Saidapet, Chennai 600 015.

2. The Joint Director(SR), Social Audit Society of Tamil Nadu, Chennai 600 015.

3. The Additional Collector(Development) / Project Director, District Rural Development Agency, Pudukkottai District.

4. The Assistant Director(Audit), Pudukkottai District.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.19096 of 2025 Dated:

15.07.2025 6/6