V.Kumar vs The Chief Engineer (Personnel)
2023 Latest Caselaw 6768 Mad

                                                                            W.P.No.30851 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 21.06.2023

                                                      CORAM:

                                   THE HONOURABLE MR. JUSTICE M.S. RAMESH

                                               W.P.No.30851 of 2022


                     V.Kumar                                            ...Petitioner


                                                        Vs.


                     The Chief Engineer (Personnel),
                     Tamil Nadu Electricity Board,
                     VIII Floor, NPKRR Building,
                     144, Anna Salai,
                     Chennai-600 002.                                     ...Respondent

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India to issue a Writ of Mandamus, directing the respondent to
                     consider the representation of the petitioner made on 02.09.2010
                     and 29.09.2022 and promote the petitioner as junior Engineer
                     (Mechanical) II from on 23.01.1997 along with all other monetary
                     benefits on par with his junior following the judgment made in
                     W.P.No.23202 of 2004 dated 21.07.2009, within a time frame as
                     fixed by this Court.


                                     For Petitioner   : Mrs. MF. Shabana
                                                        for M/s.MF Shabana and Associates

                                     For Respondent   : Mr.K.Rajkumar, Standing Counsel


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https://www.mhc.tn.gov.in/judis
                                                                                 W.P.No.30851 of 2022



                                                        ORDER

By consent of both the parties, this Writ Petition is taken up

for final disposal.

2. The petitioner herein had given representations to the

respondent on 02.09.2010 and 29.09.2022, seeking to promote him

as Junior Engineer (Mechanical) II from 23.01.1997 along with all

other monetary benefits on par with his junior following the

judgment made in W.P.No.23202 of 2004 dated 21.07.2009. Since

the said representations were not considered, the present Writ

Petition has been filed.

3. It is needless to point out that whenever representations of

this nature is made to a Statutory Authority, there is a duty cast

upon the respondent 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

representations 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.

https://www.mhc.tn.gov.in/judis W.P.No.30851 of 2022

4. In the light of the above observations, there shall be a

direction to the respondent herein to consider the petitioner's

representations dated 02.09.2010 and 29.09.2022 on its own

merits and pass appropriate orders in accordance with law, within a

period of eight 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. There shall be no order as to costs.

21.06.2023

Index:Yes/No Order: Speaking/Non-speaking

DP

To

The Chief Engineer (Personnel), Tamil Nadu Electricity Board, VIII Floor, NPKRR Building, 144, Anna Salai, Chennai-600 002.

https://www.mhc.tn.gov.in/judis W.P.No.30851 of 2022

M.S.RAMESH,J.

DP

W.P.No.30851 of 2022

21.06.2023

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