K.Yuvaraj v. The Agricultural Production Commissioner And Principal Secretary To The Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.02.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.5227 of 2020 1.K.Yuvaraj 2.K.Chinnappan 3.B.Kalaiselvi 4.R.Jothimani 5.C.Subramanian 6.R.Manoharan 7.K.Vijayalakshmi 8.R.Nagesh 9.R.Rajendran 10.M.Murali 11.S.Gnanamoorthy 12.P.Arivalagan 13.E.Balakrishnakumar 14.R.Kumaran 15.G.Chandrasekaran

...Petitioners

Vs.

1. The Agricultural Production Commissioner and ' Principal Secretary to the Government, Agriculture Department, Secretariat, Chennai - 600 009.

2. The Chief Engineer, Agricultural Engineering Department, 487, Anna salai, Nandanam, Chennai - 35.

..Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent No.2 to draw seniority panel for promotion to the post of Assistant Executive Engineer for the year 2020 and promote the petitioners to the post of Assistant Executive Engineer on the basis of their seniority in accordance with the Government Order in G.O.Ms.No.34, Agriculture (AA3) Department, dated 17.02.2015, within time period may be stipulated by this Court.

For Petitioners : Mr.T.Lajapathi Roy For Respondents : Mr.P.S.Sivashanmuga sundaram Special Government Pleader

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the 2nd respondent to draw the seniority panel for the promotion to the post of Assistant Executive Engineer.

2.

The case of the petitioners is that they were appointed in the Post of Assistant Engineers and they were subsequently regularized in the year 1995. The next avenue of promotion for the petitioners is to the post of Assistant Executive Engineer. The grievance of the petitioners is that they have been stagnating in the same post for the last 30 years without any promotion, since the 2nd respondent is not taking steps to prepare the seniority list for promotion. The petitioner has made a representation in this regard to the 2nd respondent on 20.01.2020. Since the same has not been considered by the respondents, the present writ petition has been filed before this Court seeking for appropriate directions. 3.

Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 4.

Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the 2nd respondent to consider the representation made by the petitioners on 20.01.2020 in accordance with the service rules and pass appropriate orders, within a period of six weeks from the date of receipt of copy of this order. The petitioners are directed to make a fresh representation to the 2nd respondent along with copy of the representation dated 20.01.2020 and also a copy of this order. A copy of the representation shall also be marked to the 1st respondent.

5.

This writ petition is disposed of with the above directions.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rka

To 1.The Agricultural Production Commissioner and ' Principal Secretary to the Government, Agriculture Department, Secretariat, Chennai - 600 009.

2.The Chief Engineer, Agricultural Engineering Department, 487, Anna salai, Nandanam, Chennai - 35.

+1 cc to Government Pleader, Sr.No.18223 +1 cc to M/s.K. Thilageswaran ,Advocate Sr.No. 17866 W.P.No.5227 of 2020 AK(CO) KKV/22/05/2020