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2026 Supreme(Online)(Mad) 43620

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mummineni Sudheer Kumar, J
Rabin – Appellant
Versus
Commissioner Tamil Nadu Co-operative Milk Producers Federation Limited – Respondent
Writ Petition (Not specified)



Advocates:
For the Appellants/Petitioners: R.Karunanidhi
For the Respondents: K.Porkodi, M.Thirunavukkarasu

When parties concur, the court may direct administrative bodies to dispose of pending representations in accordance with applicable government orders without delving into the underlying merits of the impugned order.

Headnote:The petitioner filed a writ petition under Article 226 of the Constitution challenging a transfer order, seeking relief on the basis of a Government Order providing benefits related to service transfers. The petitioner, a technician, sought directions for the consideration of a pending representation submitted to the administrative authority. The main issue was whether the administrative authorities should be directed to consider the petitioner's representation for relief under prescribed government guidelines. The court reasoned that in view of the parties' concurrence, directing the authority to consider the representation in accordance with the specified government order is appropriate without adjudicating the merits. The writ petition is disposed of with a direction to the first respondent to consider the representation within eight weeks.

Table of Content
1. procedural compliance for writ petitions at the admission stage. (Para 1 , 2 , 3 , 4)
2. consensual disposal of writ petitions through directed administrative representation review. (Para 5 , 6 , 7)
3. court directive for timely administrative consideration of representations. (Para 8)

O R D E R

Ms.K.Porkodi, learned counsel for the Government, takes notice for the first respondent and Mr.M.Thirunavukkarasu, learned counsel, takes notice for the third respondent.

2. In view of the orders proposed to be passed, notice to the respondents 2 & 4 is dispensed with.

3. With the consent of both sides, this writ petition is disposed of at the admission stage.

4. Heard the learned counsel for the petitioner and the learned counsel for the Government appearing for the first respondent and the learned counsel appearing for the third respondent.

5. Though this writ petition has been filed challenging the impugned transfer order, learned counsel for the petitioner restricted the relief only to the extent of directing the respondents to consider the representation dated 30.03.2026 submitted by the petitioner.

6. While the petitioner was working as Technician (Boiler) at the third respondent Union, he was transferred through the impugned proceedings to the fourth respondent Union. Aggrieved by the said transfer order dated 13.03.2026, the petitioner claims to have submitted a representation dated 30.03.2026 to the respondents claiming the benefits granted under G.O.(Ms) No.107, Personnel and Administrative Reforms (S) Department, dated 03.09.2020. While the said representation was pending, the petitioner has approached this Court by filing the present writ petition. While so, the petitioner was once again stated to have been transferred from the fourth respondent Union to the second respondent Union through proceedings bearing Na.Ka.No.6237/Po.Ni./2024, dated 23.05.2026. In the light of the same, learned counsel for the petitioner submits that in case if the representation dated 30.03.2026 submitted by the petitioner claiming the benefits of the Government Order in G.O.(Ms) No.107, Personnel and Administrative Reforms (S) Department, dated 03.09.2020, is considered, the grievance of the petitioner is likely to be redressed by the respondents themselves. Hence, he requested for appropriate direction to the respondents to consider the representation dated 30.03.2026 submitted by the petitioner before the first respondent and to pass orders thereon.

7. Learned counsel for the Government appearing for the first respondent and the learned counsel appearing for the third respondent have also expressed that appropriate directions can be issued to the respondents to consider the petitioner's representation and to pass appropriate orders thereon.

8. In the light of the above, without going into the merits of the matter, this writ petition is disposed of directing the first respondent to consider the representation dated 30.03.2026 submitted by the petitioner duly taking into consideration the beneficial orders issued in G.O.(Ms) No.107, Personnel and Administrative Reforms (S) Department, dated 03.09.2020 and pass appropriate orders thereon as expeditiously as possible, at any rate, within a period of eight weeks from the date of receipt of a copy of this order.

No costs.

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