Nagoormeeran v. The Post Master General

W.P.(MD)No.26285 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.26285 of 2019 Nagoormeeran ... Petitioner /vs./ 1.The Post Master General, Southern Region (TN), Madurai 625 002.

2.The Senior Superintendent of Post, Dindigul Division, Dindigul District.

3.The Assistant Superintendent of Post Office, Nilakottai Sub Division, Kodai Road-624 206.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 to 3 to provide the pending salary of the petitioner from 01.08.2018 to 12.10.2019 by considering the representation dated 18.10.2019 within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.M.Vivek Kumar For Respondents : Mr.K.Baalasundharam Senior Panel Counsel

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 directing the respondents 1 to 3 to provide the pending salary of the petitioner from 01.08.2018 to 12.10.2019, 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 18.10.2019 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.

4. Whenever a representation is made to a statutory authority https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.26285 of 2019 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 18.10.2019, 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 (AS) // True Copy // Sub Assistant Registrar(CS) To 1.The Post Master General, Southern Region (TN), Madurai 625 002.

2.The Senior Superintendent of Post, Dindigul Division, Dindigul District.

3.The Assistant Superintendent of Post Office, Nilakottai Sub Division, Kodai Road-624 206.

+1 CC to MR.K.BAALA SUNDHARAM, Advocate ( SR-104467[F] dated 11/12/2019 ) Order made in W.P.(MD)No.26285 of 2019 Dated:

11.12.2019 KM/(26.12.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2