S. Akilandeswari vs The State Of Tamil Nadu
2023 Latest Caselaw 5666 Mad

                                                                         W.P.(MD).No.7193 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 07.06.2023

                                                      CORAM:

                                  THE HONOURABLE MR. JUSTICE M.S. RAMESH

                                            W.P.(MD).No.7193 of 2023

                     S. Akilandeswari                                         ... Petitioner

                                                           Vs.

                     1.The State of Tamil Nadu,
                       Rep. by its Principal Secretary,
                       Finance (CMPC) Department,
                       Fort St. George, Chennai – 09.

                     2.The Joint Director (Vocational) of School Education,
                       College Road, Chennai – 06.

                     3.The Principal Accountant General (G&SSAR),
                       “Lekha Pariksha Bhavan”
                       No.361, Anna Salai,
                       Teynampet, Chennai – 600 018.

                     4.The District Educational Officer,
                       O/o. District Educational Office,
                       Nagapattinam.                                          ... Respondents


                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India praying to issue a Writ of Mandamus, directing the respondents to
                     re-fix pay scale of petitioner by fixing the Grade Pay as Rs.5,400/- from


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                                                                                 W.P.(MD).No.7193 of 2023

                     01.01.2011 and consequently to pay the amount within the time limit
                     stipulated by this Court in the light of judgment passed by this Court in
                     W.P.No.28695 of 2013 dated 02.09.2020.
                                        For Petitioner      : Mr.R. Saravanan

                                        For Respondents : Mr.P. Baladhandayutham,
                                                          Special Government Pleader

                                                           ORDER

Heard the learned counsel for the petitioner, as well as the learned

Special Government Pleader for the respondents.

2. The petitioner herein had given a representation to the

respondents on 02.11.2020, seeking for re-fixation of her pay scale by

fixing the Grade Pay as Rs.5,400/-. Since the said representation was not

considered, the present Writ Petition has been filed.

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

https://www.mhc.tn.gov.in/judis W.P.(MD).No.7193 of 2023

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 respondents herein, to consider the petitioner's representation dated

02.11.2020, on its own merits and pass appropriate orders in accordance

with law, within a period of eight (8) 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 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.

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

No costs.

07.06.2023 Index:Yes/No

Sni

https://www.mhc.tn.gov.in/judis W.P.(MD).No.7193 of 2023

M.S.RAMESH,J.

Sni To

1.The Principal Secretary to State of Tamil Nadu, Finance (CMPC) Department, Fort St. George, Chennai – 09.

2.The Joint Director (Vocational) of School Education, College Road, Chennai – 06.

3.The Principal Accountant General (G&SSAR), “Lekha Pariksha Bhavan” No.361, Anna Salai, Teynampet, Chennai – 600 018.

4.The District Educational Officer, O/o. District Educational Office, Nagapattinam.

W.P.(MD).No.7193 of 2023

07.06.2023

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