Dismissed

K.Sella Pandi v. the Director

Madras HC13 Feb 2020WP(MD)/1306/2020

Case brief

AI extract

What is this about?

Petitioners sought a writ of mandamus for appointment as cooks. The Madurai Bench of Madras High Court directed the respondents to consider the pending representation on merits and pass appropriate orders within six weeks to avoid inaction and dereliction of duty.

What did the court decide?

Direction to respondents to consider petitioner's representation dated 17.12.2019 and pass appropriate orders within six weeks.

K.Sella Pandi Vs the Director — Service and Employment | Madras HC (2020)

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W.P.(MD) No.1306 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2020 CORAM:

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THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.1306 of 2020 and W.M.P.(MD)No.1057 of 2020

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1.K.Sella Pandi 2.Sangili Murugan 3.R.Ponrakku 4.P.Parameswari

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4.P.Parameswari ... Petitioners /vs./ 1.The Director, Adi Dravidar and Tribal Welfare Department, Chepauk, Chennai 600 005.

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2.The District Collector, Collectorate Office, Virudhunagar.

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3.The District Officer, Adi Dravidar and Tribal Welfare Office, Virudhunagar District. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to pass orders on the petitioner's representation dated 17.12.2019 seeking appointment in existing vacancies to the post of cook at the Government Adi dravidar students hostels at Illupaiyur, Watrap, Mallankinaru and Nalli in Virudhunagar District, as indicated in the third respondent's communication dated 03.12.2019 in Na.Ka.No.ItTi2/36910/2019 and in accordance with the High Court's common order dated 01.02.2019 in W.P.Nos.25490 of 2018 batch of cases.

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For Petitioner : Mr.D.Geetha For Respondents : Mr.V.Anand,Government Advocate

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ORDER

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The limited prayer sought for the petitioner is that to consider the representation dated 17.12.2019 seeking for appointment in existing vacancies to the post of cook at the Government Adi dravidar students hostels at Illupaiyur, Watrap, Mallankinaru and Nalli in Virudhunagar District, as indicated in the third respondent's communication dated 03.12.2019 in Na.Ka.No.ItTi2/36910/2019 and in accordance with the High Court's common order dated 01.02.2019 in W.P.Nos.25490 of 2018 batch of cases.

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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/

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W.P.(MD) No.1306 of 2020

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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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In view of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation, dated 17.12.2019, on its own merits and pass appropriate orders within a period of six (6) 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.

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With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

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// True Copy //

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/ /2020 Sub Assistant Registrar(CS)

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rmk To:

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1.The Director,

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Adi Dravidar and Tribal Welfare Department, Chepauk, Chennai 600 005.

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2.The District Collector, Collectorate Office, Virudhunagar. 3.The District Officer, Adi Dravidar and Tribal Welfare Office, Virudhunagar District.

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+1 CC to M/s.SPL.GP ( SR-6335[F] dated 14/02/2020 ) +1 CC to M/s.D.GEETHA, Advocate ( SR-6403[F] dated 14/02/2020 ) Order made in W.P.(MD)No.1306 of 2020 Dated: 13.02.2020 SMA/24/02/2020/2P/6C

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https://hcservices.ecourts.gov.in/hcservices/

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K.Sella Pandi v. the Director

Case brief

What is this about?

What did the court decide?

K.Sella Pandi v. the Director

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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