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Madras High CourtWP(MD)/26187/2019disposed of

E.Thambu Raj v. The Secretary To Govt.,

2019-12-10Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD) No.26187 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.26187 of 2019 E.Thambu Raj ... Petitioner /vs./ 1.The Secretary to Government, Home Department, Fort St.George, Chennai-9.

2.The Director General of Police, Head Quarters, Chennai.

3.The Superintendent of Police, District Police Officer, Virudhunagar.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, to direct the respondents to regularize the services of the petitioner as a Sweeper in the light of G.O(Ms) No.653, Home (Police 15), dated 07.08.2009. For Petitioner : Mr.Lakshmi Gopinathan for M/s.Polax Legal Solutions For Respondents : Mr.V.Anand Government Advocate

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2. Though the petitioner has sought for issuance of writ of mandamus to direct the respondents to regularize the services of the petitioner as a Sweeper in the light of G.O(Ms) No.653, Home (Police

15) Department, dated 07.08.2009, in my view, such a decision is to be taken by the respondents and in case, the petitioner is aggrieved against such any decision, it would be appropriate to approach this Court.

3. The petitioner would submit that he has already made representation on 28.06.2019 in this regard, which is said to be pending. If the said representation is directed to be disposed of within stipulated time, the ends of justice could be secured. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.26187 of 2019

4. Whenever a representation is made to a statutory authority to redress the claim of the employee, 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. Such an inaction would amount to dereliction of duties and thereby this Court would be justified in invoking its extraordinary powers under Article 226 of Constitution of India and thereby direct such authority to consider the representation within the stipulated time.

5. In view of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation, dated 28.06.2019, on its own merits and pass appropriate orders within a period of eight (8) 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 view with regard to the claim made by the petitioner in his representation and it is for the respondents to consider it in accordance with law.

6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (writs) // True Copy // Sub Assistant Registrar(CS ) Cp To:

1.The Secretary to Government, Home Department, Fort St.George, Chennai-9.

2.The Director General of Police, Head Quarters, Chennai.

3.The Superintendent of Police, District Police Officer, Virudhunagar.

+1 CC to M/s.POLAX LEGAL SOLUTIONS, Advocate ( SR-104286[F] dated 10/12/2019 ) +1 CC to SPL.GP ( SR-104501[F] dated 11/12/2019 ) Order made in W.P.(MD)No.26187 of 2019 Dated:10.12.2019 MK (06.01.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2