M.Karthikeyan, Assistant v. State Of Tamil Nadu, Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.6663 of 2018 M.Karthikeyan ..

Petitioner -vs1. State of Tamil Nadu rep.by its Principal Secretary to Government Rural Development and Panchayat Raj Department Fort St.George Chennai 600 009

2. Director Commissionerate of Rural Development and Panchayat Raj Panagal Building Chennai 600 015

3. District Collector Kancheepuram District Kancheepuram ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the third respondent herein to forthwith pass orders on the representation dated 12.02.2018 of the petitioner seeking notional promotion on par with junior K.Kumar and consequently re-fix his seniority above his junior in the post of Assistant and include the name of the petitioner herein in the revised panel of Assistant/Rural Welfare Officer Grade-I issued pursuant to the proceedings dated 30.01.2018 in his Rc.No.10504/2016/PA3 and promote him as Deputy Block Development Officer without insisting one year service qualification in the post of Assistant with all notional benefits on par with his junior K.Kumar.

For Petitioner ::

Mr.V.R.Rajasekaran For Respondents ::

Mr.V.Kadhirvelu Special Government Pleader

ORDER

The petitioner joined as Junior Assistant in the Panchayat Development unit of Kancheepuram District on compassionate ground from 18.2.2008. A proposal was also sent on 7.10.2013 for his regularisation. But due to administrative delay, the Government have issued orders only on 20.4.2016 regularising his appointment as Junior Assistant with effect from 18.2.2008 on compassionate ground.

2. Learned counsel for the petitioner submitted that some of his juniors, more particularly, one Mr.K.Kumar, who was appointed as Junior Assistant on 27.8.2008, apart from eight others who were appointed between 18.7.2007 and 18.2.2008, was promoted overlooking the petitioner and others. Objecting to the same, the petitioner has given his representation on 12.2.2018 to re-fix his seniority in the appropriate place. This has not been taken note of, hence, his representation may be directed to be considered.

3. The learned Special Government Pleader for the respondents sought sufficient time to consider the pending representation on merits.

4. This Court, accepting his request, directs the third respondent to consider the pending representation of the petitioner on merits and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. Consequently, W.M.P.No.8259 of 2018 is closed. No costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar ss

To

1. The Principal Secretary to Government Rural Development and Panchayat Raj Department Fort St.George Chennai 600 009

2. The Director Commissionerate of Rural Development and Panchayat Raj Panagal Building Chennai 600 015

3. The District Collector Kancheepuram District Kancheepuram.

+ 1 cc to the Government Pleader Sr.22843 + 1 cc to Mr. V.r. Rajasekaran, Advocate Sr.22132 W.P.No.6663 of 2018 SS(CO) EU(11/04/2018)