T.Selvi v. The District Collector

W.P.(MD) No.26289 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.26289 of 2019 T.Selvi ... Petitioner /vs./ 1.The District Collector, Dindigul District, Dindigul.

2.The Child Development Project Officer, Nilakottai, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, to direct the first respondent to reinstate the petitioner in the post of Anganwadi Worker at Thambinaickanpatti Anganwadi Centre, Nilakottai, Dindigul District or at any other Anganwadi Centre by considering the representation of the petitioner dated 19.10.2019 within the time period stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : 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. Though the petitioner has sought for issuance of writ of mandamus to direct the first respondent to reinstate her in the post of Anganwadi Worker at Thambinaickanpatti Anganwadi Centre, Nilakottai, Dindigul District or at any other Anganwadi Centre, 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 she has already made representation on 19.10.2019 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 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.26289 of 2019 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 first respondent herein to consider the petitioner's representation, dated 19.10.2019, on its own merits and pass appropriate orders 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 view with regard to the claim made by the petitioner in her representation and it is for the first respondent to consider it in accordance with law.

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

Sd/- Assistant Registrar (crl.side) // True Copy // / /2020 Sub Assistant Registrar(CS ) cp To:

1.The District Collector, Dindigul District, Dindigul.

2.The Child Development Project Officer, Nilakottai, Dindigul District.

+1 CC to SPL.GP ( SR-957[F] dated 09/01/2020 ) +1 CC to M/s.T.LAJAPATHI ROY, Advocate (SR-1444[F] dated 10/01/2020 ) Order made in W.P.(MD)No.26289 of 2019 Dated:08.01.2020 MK (23.01.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2