M.Anandakumar Vs The Government of Tamil Nadu

service and accordingly grant the pay fixation and seniority with effect from 01.01.2009 and to pay the actual monetary benefits with consequent effect from the date of completion of 10 years of service.

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For Petitioner : Mr.E.Satheesh

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For Respondents : Mr.K.Balasubramani Special Government Pleader

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ORDER

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This writ petition has been filed seeking a direction to the 1 st respondent to regularize the services of the petitioner for having completed 10 years of service and accordingly grant the pay fixation and seniority with effect from 01.01.2009 and to pay the actual monetary benefits with consequent effect from the date of completion of 10 years of service

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2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

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3. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that though the aforesaid relief has

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been sought for by the petitioner, now, he confines the prayer that it would suffice if the representation submitted by the petitioner dated 15.06.2023 is disposed of in accordance with law.

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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 him 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, non-consideration 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 the Constitution of India and direct them to consider the same within a stipulated time.

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In the light of the above observations, there shall be a direction to the first respondents to consider the petitioner's representation dated 15 .06.2023 , on its own merits and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

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6. With the above observations and directions, the Writ Petition

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stands disposed of. There shall be no order as to costs.

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