Madras High CourtWP(MD)/26492/2019disposed of

N.Senthilkumar v. The District Library Officer

2019-12-13Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD) No.26492 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.26492 of 2019 N.Senthilkumar ..Petitioner Vs The District Library Officer O/o the District Library Officer Spencers Compound Near Bus stand Dindigul - 624 003 Dindigul ..Respondent P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondent to consider and pass orders on the petitioner's representation dated 26.11.2019 requesting to regularize the petitioner in the post of Village Librarian and further to declare the completion of probation by the petitioner in the post of Village Librarian extending the benefits of the similarly placed persons in Nilgiris and Perambalur Districts within the time stipulated by this Court. For Petitioner : Mr.S.Louis For Respondents : Mr.M.Karuppusamy Government Advocate

O R D E R

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 by the petitioner is that to issue a direction to the respondent to consider his representation dated 26.11.2019 and to regularize the petitioner in the post of Village Librarian and further to declare the completion of probation by the petitioner in the post of Village Librarian and subsequently extending the benefits of the similarly placed persons in Nilgiris and Perambalur Districts.

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 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.

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W.P.(MD) No.26492 of 2019

4. In view of the above observations, there shall be a direction to the respondent herein to consider the petitioner's representations dated 26.11.2019 on its own merits and pass appropriate orders within a period of eight 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 direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) Vrn The District Library Officer O/o the District Library Officer Spencers Compound Near Bus stand Dindigul - 624 003 Dindigul +1 CC to Mr.S.LOUIS, Advocate ( SR-104941[F] dated 13/12/2019 ) +1 CC to SPL GP ( SR-105106[F] dated 16/12/2019 ) W.P.(MD) No.26492 of 2019 13.12.2019 VB(06.01.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2