Madras High Court
V.Angammal vs The Bharathidasan University on 12 March, 2021
Author: M.S.Ramesh
Bench: M.S.Ramesh
W.P.(MD) No.5539 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD) No.5539 of 2021
V.Angammal ...Petitioner
Vs.
1.The Bharathidasan University,
Rep by its Registrar,
Palkalaiperur,
Tiruchirappalli-620024.
2.The Assistant Director of Local Fund Audit,
Local Fund Audit Department,
Bharathidasan University,
Trichy, Trichy District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, to direct the second respondent
to issue Audit Certificate and consequentially to direct the first
respondent to pay Pension, Gratuity, Commutation, Family Pension and
other monetary benefits thereon by considering the petitioner's
representation dated 04.02.2021 within the period that may be stipulated
by this Court.
For Petitioner : Mr.C.Venkatesh Kumar
for M/s.Ajmal Associates
http://www.judis.nic.in
1/4
W.P.(MD) No.5539 of 2021
For R-1 : Mr.V.R.Shanmuganathan,
Standing Counsel
For R-2 : Mrs.V.P.M.Vaishnavi
Government Advocate
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
2.Since the petitioner's request to the respondents to issue Audit Certificate and to pay Pension, Gratuity, Commutation, Family Pension and other monetary benefits thereon was not considered, the Writ Petition has been filed. According to the petitioner, she has made a representation in this regard on 25.02.2021, 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 http://www.judis.nic.in 2/4 W.P.(MD) No.5539 of 2021 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, it would be appropriate to direct the second respondent herein to consider the petitioner's representation dated 25.02.2021, within a stipulated time and thereby the ends of justice could be secured. It is made clear that this Court has not expressed any of its view 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.Accordingly, there shall be a direction to the second respondent to consider the petitioner's representation dated 25.02.2021, on its own merits and pass appropriate orders in accordance with law, within a period of three months from the date of receipt of a copy of this order.
http://www.judis.nic.in 3/4 W.P.(MD) No.5539 of 2021 M.S.RAMESH, J.
cp
6. With the above direction, this Writ Petition stands disposed of. No costs.
12.03.2021 Index : Yes / No Internet : Yes / No cp 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:-
The Registrar, Bharathidasan University, Palkalaiperur, Tiruchirappalli-620024.W.P.(MD) No.5539 of 2021
http://www.judis.nic.in 4/4