P.Murugan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2022

CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.2661 OF 2022 P.Murugan ... Petitioner .Vs.

1. The District Collector, Salem District, Salem.

2. The Revenue Divisional Officer, Sankari, Salem District.

... Respondents PRAYER:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to consider and pass orders on the recommendation of the second respondent in Na.Ka.2527/2021(D) dated 28.09.2021 consequently direct the respondents to revise the Petitioner's service as Junior assistant from the date of initial appointment i.e, 17.10.2018 and to provide subsequent promotions with all service and monetary benefits more particularly within a time frame as may be stipulated by this Hon'ble Court.

For Petitioner :

Mr.A.Sivaraman For Mr.J.Pooventherarajan For Respondents : Mr.S.Rajesh Government Advocate

ORDER

The learned counsel for the petitioner has submitted that the petitioner was appointed as Record Clerk in the respondent department on compassionate appointment. At the time of appointment, though the petitioner had possessed 10th standard qualification, which is sufficient for the post of Junior

Assistant, he was appointed as Record Clerk for which 8th standard is sufficient one.

2. The learned counsel for the petitioner has further submitted that the petitioner has made representation before the respondents to revise his service as Junior Assistant from the date of his original appointment as per G.O.Ms.No.1499, Labour and Employment Department dated 03.08.1989. The 2nd respondent recommended the request made by the petitioner and forwarded to the 1st respondent for necessary orders, but no orders have been passed by the 1st respondent till date. Hence the present writ petition.

3. The learned Government Advocate appearing for the respondents has submitted that the petitioner's request will be considered by the 1st respondent and appropriate orders will be passed within a time frame as fixed by this Court.

4. Heard both sides and perused the documents available on record.

5. Having regard to the submissions made by both sides and considering the limited prayer sought for by the learned counsel for the petitioner in the writ petition, this Court, without expressing any opinion and without going into merits of the case, is inclined to direct the 1st respondent to consider the request made by the petitioner and take appropriate decision and pass orders, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above directions, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ak To 1.

The District Collector Salem District, Salem.

2.

The Revenue Divisional Officer, Sankari, Salem District.

+1cc to the Government Pleader, S.R.No.16218 W.P.NO.2661 OF 2022 MG(CO) PBS/28/03/2022