Thamaraiselvi v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2022
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH and W.M.P.(MD).No.19175 of 2021 1.Thamaraiselvi 2.Ruba @ Roobini ... Petitioners Vs.
1.The Secretary to Government, Department of Adi Dravidar and Tribal Welfare, Secretariat, Fort St.George, Chennai.
2.The Commissioner, Directorate of Adi Dravidar and Tribal Welfare, Chepauk, Chennai - 600 005.
3.The District Collector, Trichy District, Trichy.
4.The District Adi Dravidar and Tribal Welfare Officer, District Adi Dravidar and Tribal Welfare Office, Trichirappalli.
...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 appoint the petitioners as Cooker in Adi Dravidar & Schedule Tribe Welfare Hostel and Residential School, Trichy under the control of the fourth respondent on the basis of the petitioner's representation dated 05.11.2021 within time frame stipulated by this Court.
For Petitioners : Mr.P.Krishnasamy For Respondents : Mr.M.Siddharthan, Additional Government Pleader.
ORDER
By consent of both the parties, this writ petition is taken up for final disposal.
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2. The petitioners herein had given representations to the respondents on 05.11.2021 seeking for appointment to the post of Cooker in Adi Dravidar and Schedule Tribe Welfare Hostel and Residential School, Trichy. Since the said representations were 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 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 invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.
4. In the light of the above observations, there shall be a direction to the fourth respondent herein to consider the petitioners' representations dated 05.11.2021 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 petitioners and that it is open to the concerned respondent to consider the same on its own merits.
5. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The Secretary to Government, Department of Adi Dravidar and Tribal Welfare, Secretariat, Fort St.George, Chennai.
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2.The Commissioner, Directorate of Adi Dravidar and Tribal Welfare, Chepauk, Chennai - 600 005.
3.The District Collector, Trichy District, Trichy.
4.The District Adi Dravidar and Tribal Welfare Officer, District Adi Dravidar and Tribal Welfare Office, Trichirappalli.
+1 CC to M/s.P.KRISHNASAMY, Advocate ( SR-24927[F] dated 09/06/2022 ) +1 CC to M/s.SPL GP ( SR-25418[F] dated 13/06/2022 ) 09.06.2022 CK(CO) GC(16.06.2022) 3P 7C 3/3