P.Sundaram, v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2018

CORAM:

THE HONOURABLE MR. JUSTICE SATRUGHANA PUJAHARI W.P.No.10103 of 2018 and WMP No.12061 of 2018 P.Sundaram .. Petitioner Vs

1. The Government of Tamil Nadu, Rep. by its Principal Secretary to Government, Finance Department, Secretariat, Fort St. George, Chennai 600 009.

2. The Director, Local Fund Audit Department, Nandanam, Chennai 600 035 .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st respondent herein to promote the petitioner to the post of Joint Director, Local Fund Audit Department by considering the petitioner's representation dated 05.04.2018 and 13.04.2018 in the light of the proceedings of the Tamil Nadu Slum Clearance Board in Na.Ka.No.A1/5866/2018 dated 06.04.2018 within a time frame.

For Petitioner : Mr.R.Singaravelan, Senior Counsel for M/s.R.Jayaprakash For Respondents : Mr.D.Venkatachalam, Additional Government Pleader

ORDER

This writ petition has been filed by the petitioner seeking for a direction to the 1st respondent to promote the petitioner to the post of Joint Director, Local Fund Audit Department by considering the petitioner's representations dated 05.04.2018 and 13.04.2018 in the light of the proceedings of the Tamil Nadu Slum Clearance Board in Na.Ka.No.A1/5866/2018 dated 06.04.2018.

2.

It appears that the petitioner who was working as Deputy Director, was due for promotion to the post of Joint Director under the 2nd respondent and the crucial date for such promotion would be on 01.09.2017, for which, the panel list has already been prepared and the petitioner's name found place in the panel in Sl.No.10 and the same is yet to be finalised and the petitioner is going to retire on 30.04.2018. In this regard, the petitioner submitted a representations dated 05.04.2018 and 13.04.2018 to the 2nd respondent.

3.

The grievance expressed by the petitioner is that if the promotion list is finalized after 30.04.2018, the petitioner will be deprived of promotion and therefore, he has submitted a representations dated 05.04.2018 and 13.04.2018 to the 2nd respondent. Since no response is forthcoming, the petitioner came forward to file this writ petition.

4. The learned counsel appearing for the petitioner would submit that the authority may be directed to consider the representation of the petitioner on or before 30.04.2018, so that, if he is otherwise eligible, he can get promotion and other financial benefits and prays for interference.

5. Heard the submissions of Mr.D.Venkatachalam, learned Additional Government Pleader appearing for the respondents and perused the material on record.

6. Considering the limited prayer sought for by the petitioner and without going into the merits of the petitioner's representation, this Court directs the 2nd respondent to consider and dispose of the petitioner's representations dated 05.04.2018 and 13.04.2018 in the light of proceedings of the Tamil Nadu Slum Clearance Board, if such representation is pending, in accordance with law and pass orders on or before 30.04.2018.

7. The writ petition stands disposed of with the above direction No costs. Consequently, connected miscellaneous petition is closed. 23.04.2018 Index : Yes / No Internet : Yes / No rka Note : Issue order copy on 23.04.2018

SATRUGHANA PUJAHARI.,J rka To

1. The Government of Tamil Nadu, Rep. by its Principal Secretary to Government, Finance Department, Secretariat, Fort St. George, Chennai 600 009.

2. The Director, Local Fund Audit Department, Nandanam, Chennai 600 035 W.P.No.10103 of 2018 23.04.2018