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Madras High CourtWP/2264/2020disposed of

V.Sachithannantham v. The Managing Director

2023-06-22Honourable Mr Justice Battu Devanand5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2023

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND V.Sachithanantham ... Petitioner Vs.

The Managing Director, Tamil Nadu Adi Dravidar Housing and Development Corporation Ltd, 31, Cenetoph Road, 2nd Street, Teynampet, Chennai-18.

... Respondent Prayer: Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondent to consider the representation of the petitioner dated 12.12.2019 within a time frame that may be fixed by this Hon'ble Court. For Petitioner : Mr.P.Navaneethakrishnan For Respondent : Mr.C.A.Ashok Kumar, Standing Counsel

ORDER

This Writ Petition has been filed seeking a Writ of Mandamus, directing the respondent to consider the representation of the petitioner dated 12.12.2019 within a time frame that may be fixed by this Hon'ble Court in the interest of justice.

2. Counter affidavit has been filed on behalf of the respondent and the petitioner has filed his rejoinder.

3. The case of the petitioner is that he had joined as an Assistant in the respondent's Corporation on 04.11.1987. Thereafter, he was promoted as Junior Assistant on 02.12.1996. He had retired from service on 31.01.2018 on attaining the age of superannuation. The petitioner submitted a representation dated 12.12.2019 to the respondent requesting him to confer the same benefits that were granted to other employees who were juniors to him by granting notional promotion as Assistant Manager/Section Officer and to pay all monetary as well as pensionary benefits. As the said representation is not considered by the respondent, the petitioner is constrained to approach this Court by filing this Writ Petition.

4. On the other hand, the learned Standing Counsel appearing for the respondent Corporation, on instructions, submits that the representation dated 12.12.2019 submitted by the petitioner is pending for consideration, before the respondent and it will be disposed of within a reasonable time to be stipulated by this Court.

5. Having heard the submissions of the respective counsel and upon perusal of the materials available on record, it appears that the relief sought in this writ petition by the petitioner is with regard to the consideration of his representation dated 12.12.2019 which was submitted to the respondent, seeking notional promotion and for monetary benefits, for which he is legally entitled. As the respondent's counsel, on instructions, submits that the said representation is pending for consideration with the respondent, in the considered opinion of this Court, without going into the merits of the case, it is appropriate to direct the respondent to consider and dispose of the representation by passing appropriate orders, in accordance with law, to meet the interest of justice.

6. Accordingly, this Writ Petition is disposed of, with a direction to the respondent to consider, examine and dispose of the representation dated 12.12.2019 submitted by the petitioner to the respondent and pass appropriate orders, in accordance with law and communicate the same to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

22.06.2023 Index :Yes/No mn To The Managing Director, Tamil Nadu Adi Dravidar Housing and Development Corporation Ltd, 31, Cenetoph Road, 2nd Street, Teynampet, Chennai-18.

BATTU DEVANAND,J.

mn 22.06.2023