Madras High CourtWP/10119/2017disposed of

S.Shanmugavadivu v. The Additional Chief Secretary

2017-04-24Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2017

CORAM:

THE HON'BLE MR. JUSTICE T.RAJA W.P.No. 10119 of 2017 S. Shanmugavadivu P. Mariya Joseph J. Anusuya Devi I. Nagalakshmi P. Kumaraguru R. Ravutha Gounder Petitioners vs.

The Additional Chief Secretary Commissioner of Revenue Administration Chepauk Chennai 600 005 The District Collector Erode Erode District The District Revenue Officer Erode Erode District Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent to dispose of the petitioners' representation dated 20.07.2016. For petitioners Mr. S. Vijayakumar For respondents Mr. T.M. Pappiah Special Government Pleader

ORDER

Mr. T.M. Pappiah, learned Special Government Pleader, accepts notice for the respondents. With consent, this writ petition is taken up for final disposal.

This writ petition has been preferred seeking a writ of mandamus directing the first respondent to dispose of the petitioners' representation dated 20.07.2016. The learned counsel for the petitioners would submit that after the petitioners were appointed as Junior Assistants through the Tamil Nadu Public Service Commission on 21.05.2009, they became eligible for further promotion to the post of Assistant in the month of May 2011 as they had completed their probation; while so, though the third respondent issued proceedings on 06.08.

2015 stating that 75 persons were fit for promotion to the post of Assistants for the year 2012 and panel was also drawn based on the seniority fixed by the Tamil Nadu Public Service Commission, the third respondent has included only two persons from the petitioners' batch and left the petitioners who have also attained eligibility for promotion to the post of Assistant in the year 2012; when the petitioners approached the third respondent with a request to accord promotion to them on the basis of seniority, the said authority has passed an order dated 09.11.2015 releasing another panel, in and by which, the petitioners were promoted as Assistant in the year 2013 instead of 2012; therefore, feeling aggrieved, the petitioners have addressed a representation dated 20.07.

2016 to the first respondent and since no orders have been passed on the same, the present writ petition has been preferred seeking the aforestated relief.

Considering the limited scope of the relief sought by the petitioners, this Court, without going into the merits of the case, directs the first respondent to consider and pass orders on the petitioners' representation dated 20.07.2016 on its own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. This writ petition stands disposed of with the above direction. Costs made easy.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar cad

To The Additional Chief Secretary Commissioner of Revenue Administration Chepauk Chennai 600 005 The District Collector Erode Erode District The District Revenue Officer Erode Erode District +1cc to Mr.Vijaya kumar, Advocate, S.R.No.24545 +1cc to the Government Pleader, S.R.No.24741 W.P. No.10119 of 2017 EV(CO) RS(08/05/2017)