S.Packiam v. The Secretary To Govt.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.26351 of 2019 S.Packiam ... Petitioner /vs./ 1.The Secretary to Government, Agriculture Department, Government of Tamil Nadu, Fort St.George, Chennai-600 009.
2.The Registrar, Tamil Nadu Agricultural University, Coimbatore.
3.The Professor and Head of the Department, Agricultural Research Station, Vaigai Dam 625 562, Theni District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents herein to consider the representation of the petitioner dated 23.03.2019 to include his name for regularization on par with her colleagues as per the proceedings of the second respondent No.R1/24833/2018 dated 04.03.2019 within a reasonable time as may be fixed by this Court.
For Petitioner : Mr.K.Appadurai For Respondents : Mr.M.Karuppasamy Government Advocate.
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 for a direction to the respondents herein to consider the representation of the petitioner dated 23.03.2019 to include the petitioner's name for regularization on par with his colleagues as per the proceedings of the second respondent No.R1/24833/2018 dated 04.03.2019.
3. 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 merit and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. Such an inaction would amount to dereliction https://hcservices.ecourts.gov.in/hcservices/
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 direction to the second respondent herein to consider the petitioner's representation dated 21.03.2019 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 her representation and it is for the second respondent to consider it in accordance with law.
5. With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) cp To 1.The Secretary to Government, Agriculture Department, Government of Tamil Nadu, Fort St.George, Chennai-600 009.
2.The Registrar, Tamil Nadu Agricultural University, Coimbatore.
3.The Professor and Head of the Department, Agricultural Research Station, Vaigai Dam 625 562, Theni District.
+1cc to Mr.K.Appadurai, Advocate Sr.No.105202 +1cc to SPL GP Sr.No.104993 Order made in W.P.(MD) No.26351 of 2019 12.12.2019 VB(02.01.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/