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Madras High CourtWP/24572/2013disposed of

M.H.Rajkapoor v. The State Of Tamilnadu

2023-07-14Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and M.P.No.1 of 2013

1. M.H.Rajkapoor

2. N.Elango ... Petitioners -Vs1. The State of Tamil Nadu, represented by its Secretary to Government, Health and Family Welfare Department, Fort St.George, Chennai 600 009.

2. The Director of Public Health and Preventive Medicine, Chennai 600 006.

... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records on the file of the second respondent in R.No.2720/E2/S2/13 dated 11.02.2013 and quash the same and direct the respondents to consider the case of the petitioners for a promotion to the post of Statistical Assistant from the date of Promotion given to their juniors in accordance with law, with all service and monetary benefits. For Petitioners : Mr.S.Selvathirumurugan For Respondents : Mr.V.Veluchamy Additional Government Pleader

ORDER

This Writ Petition has been filed for the issuance of Writ of Certiorarified Mandamus, calling for the records on the file of the second respondent in R.No.2720/E2/S2/13 dated 11.02.2013 and quash the same and direct the respondents to consider the case of the petitioners for a promotion to the post of Statistical Assistant from the date of Promotion given to their juniors in accordance with law, with all service and monetary benefits.

2. Heard the learned counsel for the petitioners and the learned counsel for the respondents and perused the materials available on record.

3. Though the petitioners challenged the order of rejection dated 11.02.2013, seeking permission for the post of Statistical Assistant from the date of promotion given to their juniors, the learned counsel for the petitioners restricted the prayer that the petitioners can be reverted to the post of Junior Assistants and to be promoted as Assistant and Superintendent and any other promotion if any, on par with one G.Vijayakumari, who was appointed as a Junior Assistant and thereafter she was appointed as Computer Operator cum Vaccine Store Keeper by recruitment and by transfer.

4. Considering the said request, the petitioners are directed to submit a fresh representation to the first respondent, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the first respondent is directed to consider the representations of the petitioners, on par with the said G.Vijayakumari, who was reverted to the post of Junior Assistant and subsequently promoted to the higher posts, within a period of four weeks thereafter.

5. With the above directions, this Writ petition is disposed of Consequently, connected Miscellaneous petition is closed. No costs. 14.07.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn

G.K.ILANTHIRAIYAN, J.

mn To

1. The Secretary to Government, The State of Tamil Nadu, Health and Family Welfare Department, Fort St.George, Chennai 600 009.

2. The Director of Public Health and Preventive Medicine, Chennai 600 006.

14.07.2023