Madras High Court
J.Amala Rexaline vs The Additional Chief Secretary on 19 January, 2021
W.P.(MD) No.666 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD) No.666 of 2021
and
W.M.P(MD) No.558 of 2021
J.Amala Rexaline ...Petitioner
Vs
1.The Additional Chief Secretary,
Labour and Employment Department,
Secretariat,
Chennai-600 009.
2.The Director,
Department of Employment and Training,
Guindy,
Chennai-600 032.
3.The Secretary,
Tamil Nadu Public Service Commission,
TNPSC Road,
VOC Nagar,
Park Town,
Chennai-600 003.
4.K.Karpagam,
Deputy Director (Admission and Trade Test),
Central Office,
Department of Employment and Training,
Guindy,
Chennai-600 032.
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W.P.(MD) No.666 of 2021
5.P.Parameswari,
Deputy Director (Purchase),
Department of Employment and Training,
Guindy, Chennai-600 032. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, to direct the first respondent to
consider the petitioner's representation, dated 30.11.2020 and to fix the
petitioner's seniority in the post of Deputy Director of Training in the
second respondent's Department for the purpose of preparation of panel
for promotion to the post of Joint Director (Training) and Regional Joint
Director of Training for the year 2019-2020 in the light of the judgment
dated 15.11.2019 passed by the Division Bench of this Court in K.Raja
and others Vs. The Additional Chief Secretary to Government and others
(W.P.No.998 of 2017) and Batch of Writ Petitions and to include her
name in the panel for promotion, within a stipulated period of time as this
Court may fix, and to consider her name for promotion to the above post,
in the light of “Tamil Nadu Employment and Training Service Rules”.
For Petitioner : Mr.D.Gnanasekaran
For R-1 and R-2 : Mr.S.Dhayalan
Government Advocate
For R-3 : Mr.D.Sivaraman
Standing Counsel
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W.P.(MD) No.666 of 2021
ORDER
By consent of both parties, this writ petition is taken up for final
disposal at the stage of admission itself. Since no adverse order is going
to be passed against the respondents 4 and 5, notice to them is dispensed
with.
2.Since the petitioner's request to the respondents to fix her
seniority in the post of Deputy Director of Training in the second
respondent's Department for the purpose of preparation of panel for
promotion to the post of Joint Director (Training) and Regional Joint
Director of Training for the year 2019-2020 and to include her name in
the panel for promotion were not considered, the Writ Petition has been
filed. According to the petitioner, she has made a representation in this
regard on 30.11.2020, which is still pending.
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 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. As such, non-consideration of the representation by the
Statutory Authority would amount to dereliction of duty and hence this
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W.P.(MD) No.666 of 2021
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, it would be appropriate to
direct the first respondent herein to consider the petitioner's
representation dated 30.11.2020, within a stipulated time and thereby the
ends of justice could be secured.
5.Accordingly, there shall be a direction to the first respondent to
consider the petitioner's representation dated 30.11.2020, after giving due
opportunity of hearing to the petitioner, as well as K.Karpagam and
P.Parameswari and considering their objections, if any and pass
appropriate orders on merits and in accordance with law, within a period
of twelve weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition stands disposed of.
No costs. Consequently, connected miscellaneous petition is closed.
19.01.2021
Index : Yes / No
Internet : Yes / No
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W.P.(MD) No.666 of 2021
NOTE:
In view of the present lock down owing to COVID-19 pandemic, a web
copy of the order may be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Additional Chief Secretary,
Labour and Employment Department,
Secretariat,
Chennai-600 009.
2.The Director,
Department of Employment and Training,
Guindy,
Chennai-600 032.
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W.P.(MD) No.666 of 2021
M.S.RAMESH, J.
cp
Order made in
W.P.(MD) No.666 of 2021
19.01.2021
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