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Madras High CourtWP/3453/2022disposed of

V.Murugesan v. The Additional Chief Secretary To Government

2022-03-10Honourable Mr Justice D. Krishnakumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2022

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR V. Murugesan ... Petitioner Vs.

1. The Additional Chief Secretary to Government, Municipal Administration and Water Supply (MC-3) Department, Secretariat, Chennai - 600 039.

2. The Additional Chief Secretary to Government, Finance (Pay Cell) Department, Secretariat, Chennai - 600 039.

3. The Principal Secretary/Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

4. The Deputy Commissioner (Works), Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

5. The Assistant Commissioner, General Administration Personnel, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

... Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of mandamus directing the 1st and 3rd respondents to consider the case of the petitioner for promotion to the post of System Analyst in the third respondent Corporation as done in the case of a similarly placed candidate G. Rajeswari (System Analyst) with all service and monetary benefits.

For Petitioner : Mr. R. Singaravelan For Respondents : Mr. V. Jeevagiridharan Additional Government Pleader for R1 and R2 Mr. M. Ganesan, Standing Counsel, for R3 to R5.

ORDER

The writ petition is filed for the issuance of a writ of mandamus directing the 1st and 3rd respondents to consider the case of the petitioner for promotion to the post of System Analyst in the third respondent Corporation as done in the case of a similarly placed candidate G. Rajeswari (System Analyst) with all service and monetary benefits.

2. According to the writ petitioner, the third respondent/the Principal Secretary has sent a proposal to the Government on 24.02.2022 vide Letter No. E1/36590/2019 dated 21.01.2022 for approval of draft Information Technology service rules and Information Technology subordinate service rules along with proposed sanction strength for various posts. 2/6

3. The learned Government Pleader appearing for the respondents submitted that the said proposal is still pending.

4. The learned counsel for the petitioner requested to give direction to the first respondent to consider the said proposal and to take action as early as possible otherwise it will cause hardship to the petitioner if it is pending before him.

5. The learned Government Pleader on written instructions submitted that the said proposal of the third respondent corporation is under examination.

6. Therefore, considering the said fact that the aforesaid proposal was received from the third respondent on 24.02.2022 is pending with the first respondent Government, this court is of the view that the first respondent has to examine the said proposal and to consider and take appropriate decision for approval of draft Information Technology service rules and Information Technology subordinate service rules along with proposed sanction strength within a period of six (6) months from the date of receipt of a copy of this order.

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7. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 10.03.2022 Index : Yes / No Internet : Yes/ No mrn 4/6

To

1. The Additional Chief Secretary to Government, Municipal Administration and Water Supply (MC-3) Department, Secretariat, Chennai - 600 039.

2. The Additional Chief Secretary to Government, Finance (Pay Cell) Department, Secretariat, Chennai - 600 039.

3. The Principal Secretary/Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

4. The Deputy Commissioner (Works), Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

5. The Assistant Commissioner, General Administration Personnel, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

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D.KRISHNAKUMAR, J.

(mrn) 10.03.2022 6/6