K.Jeyashree v. The Managing Director
W.P.(MD) No.27334 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.27334 of 2019 K.Jeyashree ... Petitioner /vs./ 1.The Managing Director, Tamilnadu State Transport Corporation (Madurai) Ltd., Dindigul Region,Bye-pass Road, Madurai.
2.The General Manager, Tamilnadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Bye-pass Road,Dindigul.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to dispose of the petitioner's appeal dated 28.11.2018 and issue confirmation order, within a time frame as may be fixed by this Court.
For Petitioner : Mr.G.M.Xavier For Respondents : Mr.J.Senthilkumaraiah Standing Counsel
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 the petitioner is that to consider the representation dated 24.10.2019 seeking to dispose of the petitioner's appeal dated 28.11.2018 and issue confirmation order.
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 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 first respondent herein to consider the petitioner's representations dated 24.10.2019 on its own merits and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.27334 of 2019 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. 5.With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (AD-I) // True Copy // / /2020 Sub Assistant Registrar(CS) mm +1 CC to M/s.J.SENTHIL KUMARAIAH, Advocate ( SR-3623[F] +1 CC to M/s.G.M.XAVIER, Advocate ( SR-3676[F] dated 29/01/2020 ) W.P.(MD) No.27334 of 2019 28.01.2020 SMA/11/02/2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2