M.Karthikeyan v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.3355 of 2023 and W.M.P No.3420 of 2023 M.Karthikeyan Petitioner vs.
1.State of Tamil Nadu, Rep. by its Secretary for Health & Family Welfare Department, Fort St. George, Chennai - 600 009.
2.The Secretary, Welfare of Differently Abled Persons Department, Secretariat, Chennai - 9.
3.The Director, Directorate of Medical Education, Kilpauk, Chennai - 10.
4.The Dean, Thanjavur Medical College, Thanjavur.
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3rd respondent to consider the petitioner representation dated 28.11.2022 and to pass suitable orders by include the petitioner name in the panel list for the promotional post of Librarian Grade I within the time stipulated by this Court.
For Petitioner : Mr.G.Ramar For Respondents : Mr.RU.Dinesh Rajkumar Additional Government Pleader
O R D E R
This writ petition has been filed for issue of writ of mandamus directing the 3rd respondent to consider the representation made by the petitioner on 28.11.2022, wherein, the petitioner has requested the 3rd respondent to include the name of the petitioner in the panel that has been prepared for promotion to the post of Librarian Grade-I.
2.The case of the petitioner is that he was originally appointed as a Pharmacist in the year 2005 in the Government Medical College Hospital, Chengalpattu. Subsequently, the petitioner and others were temporarily promoted as a Lecturer in Pharmacy through proceedings dated 07.10.2015. The petitioner joined as a Lecturer in the Government Medical College, Thirunelveli and thereafter, in the year 2018, he was redeployed to the 4th respondent Medical College and he continues to work as a Lecturer in Pharmacy till date.
3.The further case of the petitioner is that the 3rd respondent issued a circular dated 28.02.2020 for preparation of panel for promotion to the post of
Librarian Grade-I for the year 2019-20. The details were also furnished by the concerned Medical College and according to the petitioner, he is also fully qualified to be considered for promotion to the post of Librarian Grade-I and his name has also been included in the panel that was prepared by the 3rd respondent. The petitioner is further claiming for reservation under the disability quota.
4.Since there was absolutely no progress in the process of promotion, the petitioner gave a representation to the respondents on 28.11.2022. Since there is no reply, the present writ petition has been filed before this Court. 5.Heard Mr.G.Ramar, learned counsel appearing on behalf of the petitioner and Mr.RU.Dinesh Rajkumar, learned Additional Government Pleader appearing on behalf of the respondents. 6.Taking into consideration the limited relief sought in the present writ petition and without going into the merits of the case, there shall be a direction to the 3rd respondent to consider the representation made by the petitioner on 28.11.2022 and take a decision, within a period of six weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh
representation to the 3rd respondent along with all the relevant documents and also a copy of this order.
7.This writ petition is disposed of with the above direction. No Costs. Consequently, connected miscellaneous petition is closed. 08.02.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr
To 1.The Secretary for Health & Family Welfare Department, Fort St. George, Chennai - 600 009.
2.The Secretary, Welfare of Differently Abled Persons Department, Secretariat, Chennai - 9.
3.The Director, Directorate of Medical Education, Kilpauk, Chennai - 10.
4.The Dean, Thanjavur Medical College, Thanjavur.
N. ANAND VENKATESH, J.
ssr W.P No.3355 of 2023 and W.M.P No.3420 of 2023 08.02.2023