J. Murugesan vs The Secretary to Government (then holding the post of The Chairman of the Tamil Nadu Water Supply and Drainage Board)Municipal Administration and Water Supply Dept. and The Chairman and Managing Director and The Board of Directors of the Tamil Nadu Water Supply and Drainage Board

Vinod K. Sharma, J.—The Petitioner seeks a writ in the nature of Mandamus to direct the first Respondent to dispose of Memorial Petition, submitted by the Petitioner under Regulation 25 of the Tamil Nadu Water Supply and Drainage Board Employees'' (Discipline and Appeal) Regulations, 1972.

The case of the Petitioner is that order of punishment awarded to the Petitioner, was challenged by him by filing statutory appeal, which was also rejected. Thereafter, by invoking provisions of Regulations 25, the Petitioner submitted a Memorial, terming it as Mercy Petition before the Board Even though over more than five years have elapsed, no decision has been taken thereon, till date.

Learned Counsel for the Respondents contends that the memorial was barred by limitation and even otherwise, the memorial was filed in the form of Mercy Petition, therefore, the matter could not be put before the Board.

The stand of the learned Counsel for the Respondents cannot be accepted. When there is a regulation, providing right to an employee to file memorial, the Board is, under statutory obligation, to consider it and dispose it of in accordance with law.

The facts stated above show that there is a legal right with the Petitioner and corresponding duty on Respondent to decide the memorial in accordance with law. The writ petition is allowed. The first Respondent is directed to dispose of the memorial, filed by the Petitioner, in accordance with law, within a period of three months from the date of receipt of certified copy of this order. No costs.