Case Note & Summary
The writ petition was filed under Article 226 of the Constitution of India by the petitioner, Dr. R. Radhika Manimaran, seeking a writ of Mandamus to compel the official respondents to act on her complaint dated 16.04.2024 and to allow her to perform her duties as a Guest Lecturer in Microbiology. The petitioner contended that while she was permitted to take classes, her representation regarding her complaint had not been addressed by the second respondent. The fourth respondent argued that the complaint was trivial and aimed at obstructing the consideration of the petitioner’s application for re-employment. The court noted that the representation was pending and did not wish to delve into the merits of the case. The learned Additional Government Pleader assured that the representation would be considered on its merits and in accordance with the law. Consequently, the court directed the second respondent to consider the petitioner’s representation within ten days, clarifying that this consideration would not impact the fourth respondent’s eligibility for re-employment. The writ petition was disposed of with no costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Direction for Consideration of Representation - Constitution of India, Article 226 - The petitioner sought a writ of Mandamus to direct the respondents to act on her complaint and allow her to perform her duties. The court directed the second respondent to consider the petitioner’s representation within ten days, ensuring that it would not affect the fourth respondent’s re-employment request. Held that timely consideration of representations is essential (Paras 5-7).
Issue of Consideration
Whether the official respondents should take action on the petitioner’s complaint and permit the petitioner to perform duties as a Guest Lecturer.
Final Decision
The court directed the second respondent to consider the petitioner’s representation dated 16.04.2024 within ten days, ensuring that this consideration would not affect the fourth respondent’s request for re-employment.
Law Points
- Writ of Mandamus
- Article 226
- Employment Rights
- Administrative Action
