Ar.Anand v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.3290 of 2023 AR.Anand Petitioner vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Coimbatore - 641018.

3.The Assistant Commissioner/Executive Officer, Arulmigu Vinayagar Thirukoil, Eachanari, Coimbatore - 641 021.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner for promotion to the posts of Cashier or Accountant taking into consideration his qualifications and service rendered as Accountant (Additional Charge), if necessary by relaxing the relevant rules and pass appropriate orders within a time limit to be fixed by this Court. For Petitioner : Mr.P.Rajendran For Respondents : Mr.M.Bindran Additional Government Pleader

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the respondents to consider the request made by the petitioner seeking for promotion to the post of Cashier or Accountant. 2.The case of the petitioner is that he was appointed as a Computer Operator/Typist in a permanent vacancy in the 3rd respondent temple. Subsequently, he was promoted as an Assistant in the year 2009. It is contended that the petitioner was doing the duties of an accountant from the year 2005 onwards. It was given as an additional charge to the petitioner and he continued to perform the duties as an Accountant till the year 2021. 3.The further case of the petitioner is that no regular appointment was made to the post of Accountant and the petitioner has all the qualifications and therefore, he should be considered for promotion to the post of Accountant. However, the next higher post for the petitioner is to the post of Cashier and only from that post, he can be considered for promotion to the post of Accountant.

4.In view of the above, the petitioner made a representation on

03.01.2023 to the 2nd respondent seeking for promotion to the post of Cashier. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions. 5.Heard Mr.P.Rajendran, learned counsel appearing on behalf of the petitioner and Mr.M.Bindran, learned Additional Government Pleader appearing on behalf of the respondents.

6.The learned Additional Government Pleader appearing on behalf of the respondents produced the written instructions received from the 3rd respondent. It is seen that the 3rd respondent has already taken steps to consider the representation made by the petitioner and recommendation has been placed before the 1st respondent. The learned Additional Government Pleader submitted that this process will take some time and that the request made by the petitioner is already under consideration. 7.In the light of the submissions made by the learned Additional Government Pleader and on the basis of the written instructions given by the 3rd respondent, this writ petition is disposed of with a direction to the

N. ANAND VENKATESH, J.

ssr respondents to consider the request made by the petitioner seeking for promotion and the said process shall be completed, as expeditiously as possible. No Costs.

08.02.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Coimbatore - 641018.

3.The Assistant Commissioner/Executive Officer, Arulmigu Vinayagar Thirukoil, Eachanari, Coimbatore - 641 021.

W.P No.3290 of 2023