Mrs.G.R.Kanagavalli, v. The Chief Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.02.2021
CORAM
THE HON'BLE MR.JUSTICE R. SURESH KUMAR Writ Petition No.18785 of 2011 G.R.Kanagavalli ...
Petitioner -Vs1.The Chief Secretary to Government Rural Development and Panchayatraj Department, Fort St.George, Chennai-9.
2.The Commissioner of Rural Development and Panchayatraj, Panagal Buildings, Saidapet Chennai 600 015.
3.The District Collector, Namakkal District Namakkal.
... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the second respondent herein to consider and pass order on the petitioner's representation dated 22.07.2011.
For Petitioner : No appearance For Respondents : Mr.K.Magesh, Special Government Pleader
O R D E R
The prayer sought for herein is to direct the second respondent herein to consider and pass order on the petitioner's representation dated 22.07.2011.
2. When the case is called, there is no representation for the petitioner. However, Mr.Magesh, learned Special Government Pleader appearing for the respondents, by relying upon Paragraph 4 of the counter affidavit, stated that, as per G.O.Ms.No.189, Rural Development and Panchayat (E5) Department dated 10.06.1997, the petitioner was not eligible to be considered for promotion to the post of Junior Assistant as she should have completed seven years of service and admittedly the petitioner did not complete seven years service in the feeder category.
3. I have considered the submissions made by the learned Special Government Pleader appearing for the respondents.
4. In this context, it is to be noted that, the petitioner though seeks for consideration of promotion to the post of Junior Assistant and accordingly this writ petition was filed in the year 2011, after giving representation to that effect on 22.07.2011, by way of counter affidavit, the respondents took a stand that the petitioner did not complete seven years in the feeder category.
5. Be that as it may. Since the writ petition has been pending for nearly about ten years and as of now, whether the petitioner has become eligible or not is not stated anywhere and therefore, if at all the petitioner has become eligible to be considered for promotion or she has already been considered for promotion, at any rate, the said aspect can be intimated to the petitioner by considering the representation dated 22.07.2011.
6. In that view of the matter, this writ petition is disposed of by passing the following order.
7. The respondents, especially the third respondent is hereby directed to consider the representation of the petitioner dated 22.07.2011 and pass orders thereon on merits and in accordance with law within a period of 12 (twelve) weeks from the date of receipt of the order, if the same has not already been disposed of.
8. With the above directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KST To 1.The Chief Secretary to Government Rural Development and Panchayatraj Department, Fort St.George, Chennai-9.
2.The Commissioner of Rural Development and Panchayatraj, Panagal Buildings, Saidapet Chennai 600 015.
3.The District Collector, Namakkal District Namakkal.
+1 cc to The Government Pleader, Sr.No. 9224 W.P.No.18785 of 2011 NRL(CO) RMP(04/03/2021)