HC directs State to issue instructions to all departments to scrupulously adhere to prescribed timelines for receipt, consideration and disposal of representations

The Madurai Bench of the Madras High Court has directed Tamil Nadu Chief Secretary and Secretary to Human Resources Management Department to issue instructions to all the departments to scrupulously adhere to the prescribed timelines for receipt, consideration and disposal of representations submitted by retired government employees, their family members and the public.

Justice B. Pugalendhi directed that the existing mechanism for monitoring the disposal of representations should be effectively implemented. Failure, without sufficient cause, to dispose of a representation within the prescribed time should be viewed seriously. Appropriate disciplinary action should be taken against officers responsible.

Article 350 of the Constitution provides that every person shall be entitled to submit a representation for the redressal of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State. The right to submit a representation to the authorities for the redressal of grievances is a constitutional right, the court said.

The court said the instructions issued by the government, in the form of government orders, circulars and office manuals, prescribing the time limits for disposal of such representations were intended to ensure that the right was meaningfully exercised and grievances brought before the authorities were dealt with within a reasonable time.

The instructions also constitute an essential aspect of the duties of the government employees entrusted with the receipt and disposal of such representations. Failure to discharge such obligation within the prescribed time would amount to dereliction of duty and may, depending upon the circumstances, constitute misconduct, the court said.

The court said such persistent inaction, despite repeated government instructions and judicial intervention, cannot be permitted to become an accepted feature of public administration.

The consequence of such avoidable litigation was not confined to the consumption of valuable judicial time. It also resulted in avoidable expenditure both to the litigant and to the State, the court said.

The court was hearing the batch of petitions filed by retired government employees and legal heirs of deceased government employees seeking family pension, revision of retirement benefits and payment of arrears. The court directed the authorities concerned to consider and dispose of the representations in three months.