T.Raja Rajan vs The Director Of Collegiate ...
2022 Latest Caselaw 11211 Mad

                                                                        W.P.(MD).No.13359 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT


                                               DATED: 27.06.2022

                                                     CORAM:

                                  THE HONOURABLE MR. JUSTICE M.S. RAMESH

                                           W.P.(MD).No.13359 of 2022


                     T.Raja Rajan                                              ...Petitioner

                                                        Vs


                     1.The Director of Collegiate Education,
                       O/o. the Director of Collegiate Education,
                       9th Floor, EVK Sampath Maligai,
                       DPI Campus,
                       Nungambakkam,
                       Chennai – 600 008.

                     2.The Regional Joint Director of Collegiate Education,
                       O/o.the Regional Joint Director of Collegiate Education,
                       Madurai Region,
                       Madurai – 02.

                     3.The Principal,
                       Government Arts and Science College,
                       Kottur,
                       Theni District.                                 ...Respondents




                     1/5


https://www.mhc.tn.gov.in/judis
                                                                              W.P.(MD).No.13359 of 2022

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India to issue a Writ of Mandamus, directing the first and second
                     respondents to consider the petitioner's claim for parity of payment on
                     par with the regular employees in light of the Judgment held by the
                     Hon'ble Superme Court in State of Punjab V. Jagjit Singh 2017(1)
                     SCC 148, within the time period stipulated by this Court.


                                        For Petitioner     : Mr.Mahaboob Fazil,
                                                             For M/s.T. Lajapathi Roy

                                        For Respondents : Mr.S.Shaji Bino,
                                                          Special Government Pleader.


                                                           ORDER

By consent of both the parties, this writ petition is taken up for

final disposal.

2. The petitioner herein had given a representation to the

respondents on 06.08.2021 seeking for consideration of the petitioner's

claim for parity of payment on par with the regular employees in light of

the Judgment held by the Hon'ble Superme Court in State of Punjab V.

Jagjit Singh 2017(1) SCC 148. Since the said representation was not

considered, the present writ petition has been filed.

https://www.mhc.tn.gov.in/judis W.P.(MD).No.13359 of 2022

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

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 first respondent herein to consider the petitioner's representation

dated 06.08.2021 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

petitioner and that it is open to the concerned respondent to consider the

same on its own merits.

https://www.mhc.tn.gov.in/judis W.P.(MD).No.13359 of 2022

5. With the above direction, the Writ Petition stands disposed of.

No costs.

27.06.2022

Index:Yes/No Speaking order/Non-speaking order Nsr/TM

To

1.The Director of Collegiate Education, O/o. the Director of Collegiate Education, 9th Floor, EVK Sampath Maligai, DPI Campus, Nungambakkam, Chennai – 600 008.

2.The Regional Joint Director of Collegiate Education, O/o.the Regional Joint Director of Collegiate Education, Madurai Region, Madurai – 02.

3.The Principal, Government Arts and Science College, Kottur, Theni District.

https://www.mhc.tn.gov.in/judis W.P.(MD).No.13359 of 2022

M.S.RAMESH,J.

Nsr/TM

W.P.(MD).No.13359 of 2022

27.06.2022

https://www.mhc.tn.gov.in/judis