K.Bharathiraj v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2020

CORAM:

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.NO.2322 of 2020 K. Bharathiraj ... Petitioner -Vs1. The District Collector, Villupuram District, Villupuram.

2. The Assistant Director of Town Panchayat, Cuddalore Region, Cuddaore District.

3. The Executive Officer Vikravandi Town Panchayat Villupuram District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, or any other appropriate Writ or order or Direction, in the natre of Writ, directing the first respondent to pass orders on the representation dated 09.07.2019 seeking promotion in any of the existing or next arising vacancy/post of Record Clerk/Office Assistant on merits and as per law within a time to be stipulated by this Hon'ble Court.

For Petitioner : Ms.N.R.Jasmine Padma For Respondents For R1 & R2 : Mr.P.V. Selvakumar Additional Government Pleader For R3 : Mr. J. Purushothaman Additional Government Pleader.

ORDER

This Writ Petition has been filed for the issue of Writ of Mandamus directing the first respondent to pass orders on the representation made by the petitioner seeking for promotion to the post of clerk / office assistant.

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2. The case of the petitioner is that he was appointed as Sanitary worker on compassionate ground in the year 2008. According to the petitioner, he was possessing a better and higher qualification even at the time of entry into service. Therefore, the petitioner is relying upon G.O. Ms.No.206 MA WS Department dated 02.11.1995, which considers the claim of the persons for appointment on compassionate to the post of Junior Assistant or Typist.

3. The petitioner has made a representation to the respondents on 09.07.2019 and has requested for being considered for promotion as Office Assistant / Record Clerk in any of the existing or next future vacancy. Since the said representation was not considered, the present Writ Petition has been filed before this Court for appropriate directions.

4. Heard Ms.N.R.Jasmine Padma, learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents.

5. Taking into consideration the limited prayer that has been sought for in this Writ Petition, there shall be a direction to the second respondent to consider the representation made by the petitioner on 09.07.2019 and pass appropriate orders on its own merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

6. The petitioner is directed to make a fresh representation to the second respondent along with a copy of this order. A copy of the representation shall also be marked to the first respondent.

7. This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(C.S.VI) /True Copy/ Sub Assistant Registrar 2/3

To

1. The District Collector, Villupuram District, Villupuram.

2. The Assistant Director of Town Panchayat, Cuddalore Region, Cuddaore District.

3. The Executive Officer Vikravandi Town Panchayat Villupuram District.

+1 cc to M/s.L.Chandrakumar,Advocate Sr.No. 7493 +1 cc to The Government Pleader Sr.No. 8099 AKM/04.03.2020/3P- 6C / W.P.NO.2322 of 2020 3/3