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Madras High CourtWP/211/2023disposed of

M.Mariyappan v. Director General

2023-01-05Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 05.01.2023 Coram:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.211 of 2023 and W.M.P.No.197 of 2023 M.Mariyappan ... Petitioner Vs.

1.Director General, Highways Department, 76, Sardar Patel Road, Guindy, Chennai - 600 025.

2.Superintending Engineer, Highways Department, Salem, Salem District.

3.Divisional Engineer, Highways Department, Dharmapuri Division, Dharmapuri District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to include the petitioner's name in the seniority list dated 11.05.2022 to the post of Grade II Road Inspector and gave promotion as Grade-II Road Inspector and considering the representation dated 20.08.2022 and confer all the 1/4

consequential benefits.

For Petitioner : Mr.P.Ganesan For Respondents : Mr.Stalin Abimanyu, Additional Government Pleader

ORDER

By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself. 2.This writ petition has been filed for a Mandamus seeking for a direction to the respondents to include the petitioner's name in the seniority list dated 11.05.2022 to the post of Grade II Road Inspector and give promotion as Grade-II Road Inspector by considering the representation dated 20.08.2022 and confer all the consequential benefits. 3.The petitioner's grievance in this writ petition is that his objections with regard to non-inclusion in the promotion panel for the post of Grade-II Road Inspector has not been considered till date. He has submitted a representation on 20.08.2022 requesting the respondents to include him in the promotion panel for the post of Grade-II Road Inspector. Since the 2/4

representation has not been considered till date, he has filed this writ petition.

4.Heard Mr.P.Ganesan, learned counsel for the petitioner and Mr.Stalin Abimanyu, learned Additional Government Pleader, who accepts notice on behalf of the respondents.

5.No prejudice would be caused to the respondents if the petitioner's representation as stated supra is considered, on merits and in accordance with law, within a time frame to be fixed by this Court. 6.This Court is not expressing any opinion on the merits of the petitioner's representation.

7.For the foregoing reasons, this Court directs the respondents 2 and 3 to pass final orders, on merits and in accordance with law on the petitioner's representation dated 20.08.2022 seeking for inclusion of his name in the 3/4

ABDUL QUDDHOSE, J vga promotion panel for the post of Grade-II Road Inspector, within a period of four weeks from the date of receipt of a copy of this order. 8.With the aforesaid direction, this writ petition is disposed of. Consequently, W.M.P. No.197 of 2023 stands closed. No costs. 05.01.2023 vga Index:Yes/No To 1.Director General, Highways Department, 76, Sardar Patel Road, Guindy, Chennai - 600 025.

2.Superintending Engineer, Highways Department, Salem, Salem District.

3.Divisional Engineer, Highways Department, Dharmapuri Division, Dharmapuri District.

W.P.No.211 of 2023 and W.M.P.No.197 of 2023 4/4