A.Sekaran v. The Dep. Registrar/Managing Director

W.P.(MD)No.26284 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.26284 of 2019 A.Sekaran ... Petitioner /vs./ The Deputy Registrar/Managing Director, Sivagangai District Consumer Co-operative Whole Sale Stores, Kanjirangal, Thirupattur Road, Sivagangai 630 561.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the Deputy Registrar/Managing Director, Sivagangai District Consumer Cooperative Whole Sale Stores, Sivagangai to consider the petitioner's representation dated 24.06.2019 and pass appropriate orders sanctioning Selection Grade on completion of 15 years i.e., from 07.07.2011 and payment of arrears within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For Respondent : Mr.R.Sethuraman Special Government Pleader

ORDER

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

2. The limited prayer sought for in the present writ petition is that to consider the petitioner's representation, dated 24.06.2019 seeking sanction Selection Grade on completion of 15 years i.e., from 07.07.2011 and payment of arrears.

3. Whenever a representation is made to a statutory authority to redress the claim of the employee, there is a duty cast upon the respondent to consider the same on its own merit 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.

4. In view of the above observations, there shall be a https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.26284 of 2019 direction to the respondent herein to consider the petitioner's representations dated 24.06.2019 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.

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

Sd/- Assistant Registrar (CRL.SIDE) // True Copy // Sub Assistant Registrar(CS) rmk To The Deputy Registrar/Managing Director, Sivagangai District Consumer Co-operative Whole Sale Stores, Kanjirangal, Thirupattur Road, Sivagangai 630 561.

+1 cc to Mr. S.Visvalingam, Advocate SR.No.104357 +1 cc to The Special Government Pleader Sr.No.104670 Order made in W.P.(MD) No.26284 of 2019 Dated:

11.12.2019 KM/(02.01.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2