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Madras High CourtWP/8499/2017disposed of

S.Natarajan v. The Executive Engineer

2017-07-07Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.8499 of 2017 S.Natarajan ... Petitioner Vs.

1. The Executive Engineer, Operation and Maintenance, TANGEDCO, Dharmapuri.

2. The Executive Engineer, Operation and Maintenance, TANGEDCO, Hosur, Krishnagiri.

3. The Assistant Engineer, Operation and Maintenance, TANGEDCO, Indur, Dharmapuri District.

4. The Assistant Executive Engineer, Operation and Maintenance, TANGEDCO, Dharmapuri.

... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of MANDAMUS, directing the respondents to promote the petitioner to the post of Commercial Inspector or Wireman by considering the petitioner's representation dated 21.03.2017.

For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.Fakkir Mohideen, Senior Counsel

O R D E R

Heard R.Jayaprakash, learned counsel appearing for the petitioner and Mr.Fakkir Mohideen, learned Senior Counsel appearing for the respondents. With the consent of the learned counsel appearing on either side, the Writ Petition is taken up for final disposal at the admission stage.

2.The petitioner has joined the respondent Board as helper on 26.03.2009 and the next avenue for promotion in the hierarchy is the post of Commercial Inspector or Wire man. 3.Due to some matrimonial dispute between the petitioner and his wife, he was facing the order of suspension and subsequently the same was revoked. During the interregnum period the juniors to the writ petitioners were promoted to the post of Commercial Inspector or Wire man. Since the order of suspension is not ended with punishment, the petitioner made a representation to the respondent on 21.03.2017, to consider him for further promotion on par with his juniors.

Since the said representation has not been taken up for consideration by the respondents, which resulted in filing of the present Writ Petition by the petitioner.

4.Without going into the merits of the case, this Court is inclined to issue direction. Accordingly, the fourth respondent is directed to consider the representation of the writ petitioner dated 21.03.2017 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5.The Writ Petition is disposed of accordingly. However, no order as to costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ah/rpa

To

1. The Executive Engineer, Operation and Maintenance, TANGEDCO, Dharmapuri.

2. The Executive Engineer, Operation and Maintenance, TANGEDCO, Hosur, Krishnagiri.

3. The Assistant Engineer, Operation and Maintenance, TANGEDCO, Indur, Dharmapuri District.

4. The Assistant Executive Engineer, Operation and Maintenance, TANGEDCO, Dharmapuri.

+1cc to M/s.R.Jayaprakash, Advocate, S.R.No.47786/17 W.P.No.8499 of 2017 AR(CS IV) CU(20/07/2017)