A.R.Anand v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.02.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.2603 and 2604 of 2024 A.R.Anand ... Petitioner -Vs1. The Commissioner, HR and CE Department, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.
2. The Joint Commissioner, HR and CE Department, Dr.Balasundaram Salai, Coimbatore-641 018.
3. The Assistant Commissioner/Executive Officer, Arulmigu Vinayagar Thirukoil, Eachanari, Coimbatore-641 021.
4. Arulmigu Vinayagar Thirukoil represented by Hereditary Trustees, Eachanari, Coimbatore-641 021.
... Respondents
Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to promote the petitioner herein to the post of Assistant as per the notification of the first respondent dated 29.10.2021 made in Ni.Mu.No.10625/2021/U4. For Petitioner : Mrs.G.Thilagavathi, Senior Counsel for Mr.R.Gopinath For Respondents : Mr.K.Karthikeyan Government Advocate
ORDER
This writ petition has been filed for direction directing the respondents to promote the petitioner herein to the post of Assistant as per the notification of the first respondent dated 29.10.2021 made in Ni.Mu.No.10625/2021/U4.
2. Heard the learned counsel on either side and perused the materials available on record.
3. The petitioner was appointed to the post of Typist/Computer Operator, on 12.05.2000 in consolidated salary. On the basis of the vacancy available in the approved schedule of the fourth respondent, the petitioner was placed in the time scale of pay at Rs.2500/- (2500-75-2800-100-4200). The post of Typist/Computer Operator was made equivalent to the post of Junior Assistant,
as per the Tamil Nadu Hindu Religious Employees (Conditions of Service) Rules, 2020 notified as per G.O.Ms.No.114, Tourism, Culture and Religious Endowments (RE4-2) dated 03.09.2020. Subsequently, the petitioner had acquired educational qualification in the year 2010-2011. He had also completed all the required departmental test. However, he was deprived of the eligible promotion to the post of Assistant and it was kept vacant. Therefore, the petitioner submitted representation.
4. After filing the writ petition, the request made by the petitioner is under consideration. Accordingly, the permission was also accorded from the Commissioner of HR and CE to fill up 38 post of Assistant as per the revised combined seniority list.
5. In view of the above, the second respondent is directed to promote the petitioner to the post of Assistant in the available vacancy as per the revised seniority list, within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above directions, this writ petition is disposed of. Consequently, connected Miscellaneous petitions are closed. There shall be no order as to costs.
05.02.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn To
1. The Commissioner, HR and CE Department, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.
2. The Joint Commissioner, HR and CE Department, Dr.Balasundaram Salai, Coimbatore-641 018.
3. The Assistant Commissioner/Executive Officer, Arulmigu Vinayagar Thirukoil, Eachanari, Coimbatore-641 021.
4. The Hereditary Trustees, Arulmigu Vinayagar Thirukoil Eachanari, Coimbatore-641 021.
G.K.ILANTHIRAIYAN. J, mn 05.02.2024