Madras High CourtWP/10159/2015disposed of

K.K.Thangavelu, v. The State Of Tamil Nadu,

2015-04-08Honourable Mr Justice D. Hariparanthaman3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2015

CORAM:

THE HON'BLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.10159 of 2015 K.K.Thangavelu ... Petitioner Vs.

1.The State of Tamil Nadu, Rep by its Secretary to Government, Municipal Administration and Water Supply Department (MAWS), Secretariat, Fort St.George, Chennai-600 009.

2.The Director of Town Panchayats, Kuralagam, Chennai- 600 108 ...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to grant notional promotion to the petitioner in all stages on par with junior R.Natarajan up to the post of Assistant Director of Town Panchayats with consequential and other attendant benefits including arrears of salary as well as the revision of retirement benefits based on such notional promotion to the higher post on par with junior by considering the representation submitted by the petitioner dated 05.02.2015, within a time frame fixed by this Court.

For Petitioner : Mr.G.Sankaran For Respondents : Mr.V.Jayaprakash Narayanan, Special Government Pleader

O R D E R

This Writ Petition is filed seeking for a direction to the respondents to grant notional promotion to the petitioner in all stages on par with his junior R.Natarajan, upto the post of

Assistant Director of Town Panchayats with consequential and other attendant benefits including arrears of salary as well as revision of retirement benefits based on such notional promotion to the higher post, on par with his junior by considering the representation submitted by him on 05.02.2015.

2. Heard both sides.

3. Taking into account the narrow prayer made at the time of hearing the petition, the writ petition is disposed of, with a direction to the first respondent to dispose of the representation dated 05.02.2015, on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order.

4. Normally, this court would not have issued such a direction, since the petitioner has retired long back. But he has made the prayer based on the judgment of the Apex Court and the consequential revision of seniority made by the Government in the proceedings dated 12.07.2013 in Na.Ka. No. 6793/2009/A7 and the revision of seniority list issued by the second respondent contains name of persons, who joined in service even in 1960's. Hence, the aforesaid order is passed.

5. The Writ petition is disposed of, with the above direction. No order as to costs.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar avr/dn To 1.The Secretary to Government, Municipal Administration and Water Supply Department(MAWS), Secretariat, Fort St.George, Chennai-600 009.

2.The Director of Town Panchayats, Kuralagam, Chennai- 600 108 Villupuram District.

1 cc to M/s.G. Sankaran, Advocate, Sr. 19706 1 cc to Government Pleader, Sr. 19657 W.P.No.10159/2015 RSK (CO) kk 17/4