M.Prakash, v. The Secretary To Government
WP(MD)No.25206 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.25206 of 2018 and W.M.P.(MD)Nos.22823 of 2018 and 5394 of 2021 M.Prakash ... Petitioner /vs./ 1.The Secretary to Government, Labour and Employment Department, Fort St.George, Tamil Nadu Government, Chennai-9.
2.The Joint Director, Department of Employment and Training, T.V.K.Industrial Estate, Aalanthoor Road, Guindy, Chennai-32.
3.The Regional Joint Director, Department of Employment and Training, Near Government I.T.I. Students Hostel, Alagarkovil Main Road, Moondrumavadi, Madurai-7.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to appoint the petitioner as Junior Training Officer in Government Industrial Training Institute as per the petitioner's qualification by considering the petitioner's representation dated 20.11.2018. For Petitioner : Mr.K.Muraleedharan For Respondents : Mr.M.Siddharthan, Additional Government Pleader.
ORDER
The petitioner herein had given a representation to the first respondent on 20.11.2018 seeking for appointment of the petitioner as Junior Training Officer in Government Industrial Training Institute as per the petitioner's qualification. 2.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 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. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2
WP(MD)No.25206 of 2018 invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.
3.In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 20.11.2018 on its own merits and pass appropriate orders in accordance with law, within a period of twelve (12) 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 concerned respondent to consider the same on its own merits.
4.With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) Sm To 1.The Secretary to Government, Labour and Employment Department, Fort St.George, Tamil Nadu Government, Chennai-9.
2.The Joint Director, Department of Employment and Training, T.V.K.Industrial Estate, Aalanthoor Road, Guindy, Chennai-32.
3.The Regional Joint Director, Department of Employment and Training, Near Government I.T.I. Students Hostel, Alagarkovil Main Road, Moondrumavadi, Madurai-7.
+1 CC to M/s.SPL.GP ( SR-27476[F] dated 22/06/2022 ) W.P.(MD)No.25206 of 2018 20.06.2022 DKS(CO) KB(30.06.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2