Madras High Court Orders Timely Action on Public Grievances in Tamil Nadu

The Madurai Bench of the Madras High Court has directed Tamil Nadu’s Chief Secretary and the Secretary to the Human Resources Management Department to ensure that departments follow prescribed timelines while receiving, examining and disposing of representations.

The direction applies to representations submitted by retired government employees, their family members and members of the public.

Justice B. Pugalendhi also directed that the existing mechanism for monitoring the disposal of representations be implemented effectively.

The court said that any failure to dispose of a representation within the prescribed time, without sufficient cause, should be viewed seriously.

It directed that appropriate disciplinary action be taken against the officers responsible for such delays.

Court underlines constitutional right

The court referred to Article 350 of the Constitution, which provides that every person is entitled to submit a representation for the redressal of a grievance to any officer or authority of the Union or a State.

Such a representation may be made in any of the languages used in the Union or in the State, the provision states.

The right to approach the authorities for the redressal of grievances is a constitutional right, the court said.

The court said the government’s instructions prescribing time limits for dealing with representations were issued to ensure that this right could be exercised meaningfully.

The instructions, issued through government orders, circulars and office manuals, were intended to ensure that grievances brought before the authorities were addressed within a reasonable time.

They also form an essential part of the duties of government employees entrusted with receiving and disposing of such representations, the court said.

Delays may amount to dereliction of duty

The court said that failure to discharge this obligation within the prescribed time would amount to dereliction of duty.

Depending on the circumstances, such failure may also constitute misconduct, it said.

The court said persistent inaction, despite repeated government instructions and judicial intervention, could not be allowed to become an accepted feature of public administration.

The observation places responsibility not only on departments to maintain timelines but also on officers handling representations, in line with the duties set out in the government instructions.

The court further said that the consequences of avoidable litigation were not limited to the consumption of valuable judicial time.

Such delays also resulted in avoidable expenditure for both the litigant and the State, the court said.

Petitions involved pension and retirement benefits

The court was hearing a batch of petitions filed by retired government employees and legal heirs of deceased government employees.

The petitions sought family pension, revision of retirement benefits and payment of arrears.

The court directed the authorities concerned to consider and dispose of the representations within three months.

The direction therefore links the handling of individual representations with the broader requirement that government departments follow the timelines already prescribed through official instructions.

Source: The Hindu