The High Court directed the third respondent to consider the petitioners' representation for regular time scale pay within three months before dismissing the writ petition as non-speaking order clarifying no view on merit.
Direction to third respondent to consider petitioners' representation dated 09.03.2022 within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.18748 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.18748 of 2023
1.P. Kathiresan 2.K. Rangammal
3.Ganesan
4.K. Sarasu
5.K. Karuppammal
6.K. Subbammal
7.R. Makali
8.E.R. Makali
9.R. Selvi
10.K. Rajeswari 11.E.P. Makali
12.M. Rajeswari 13.Murthy
14.Shanmugam 15.Sakthivel
16.Lakshmanan
17.Palanisamy
18.Karupusamy 19.R. Nagaraj
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W.P.No.18748 of 2023
20.P. Mani
21.Murugan 22.Subramani 23.P. Rangammal
... Petitioners
Vs.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to bring the petitioners into the regular time scale from the date on which they completed three years on consolidated pay services in the light of GO
W.P.No.18748 of 2023
Ms.No.199 Municipal Administration and Water Supply Department dated 12.08.1997 and the GO Ms.No.84 Municipal Administration and Water Supply Department dated 21.05.1998 and the judgment of Division Bench dated 23.06.2010 passed in WA No.47 & 385 of 2010 with all consequential service and monetary benefits.
For Petitioners : Mr.S. Francis For Respondents : Mr.V. Manoharan, Additional Government Pleader [R1 & R2]
Mr.N. Velmurugan [R3 & R4]
R5 – No appearance
ORDER
Heard the learned counsel for the petitioners, learned Additional
Government Pleader for the respondents 1 and 2, as well as the learned counsel for the respondents 3 and 4.
2. The petitioners herein have given a representation to the third respondent on 09.03.2022, requesting to place them under regular time scale of pay on completion of three years of their service on consolidated pay. Since the said representation has not been considered till date, the present
Writ Petition has been filed.
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W.P.No.18748 of 2023
3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon them to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.
4. In the light of the above observations, there shall be a direction to the third respondent herein, to consider the petitioners' representation dated 09.03.2022, on its own merits and pass appropriate orders in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioners and that it is open to the concerned respondent to consider the same on its own merits.
W.P.No.18748 of 2023
5. With the above direction, the Writ Petition stands disposed of. No
costs.
07.11.2023
Index:Yes/No Speaking order/Non-speaking order Internet: Yes/No Neutral Citation: Yes/No
Sni
To
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W.P.No.18748 of 2023
M.S.RAMESH,J.
Sni
W.P.No.18748 of 2023
07.11.2023
1 issue framed by the court
Whether the High Court can direct the respondents to consider a representation regarding regular time scale of pay service without ruling on its merits.
P. Kathiresan and others
State of Tamil Nadu
M.S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
