P.Kalaivani, Junior Engineer, v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T. RAJA W.P. No.11076 of 2017 P. Kalaivani ... Petitioner -vs1. The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort.St. George, Chennai - 600 009.

2. The Commissioner of Municipal Administration and Water Supply Department, Ezhilagam, Chepauk, Chennai - 600 005.

3. The Commissioner, Salem City Municipal Corporation, Salem - 1.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st and 2nd respondents to consider the representation of the petitioner dated 27.03.2017 to be promoted as Executive Engineer (Planning) in Salem Corporation (in the vacancy that is to arise on 30.04.2017 due to the retirement of Mr.P.Mohan) by taking into consideration the recommendation and proposal of the 3rd Respondent promoting the petitioner from the post of Junior Engineer, (Planning) Special Grade - I Salem Corporation, being the eligible candidate as per Seniority and service in the Salem Corporation.

For Petitioner :

Mr.K.S. Kumar, For Respondents :

Mr.T.M. Pappiah, Special Government Pleader For R1 & R2 Mr. S. Diwakar, For R3

O R D E R

The petitioner has come to this Court seeking a direction to the respondents to consider her representation dated 27.03.2017 to be promoted as Executive Engineer (Planning) in Salem Corporation (in the vacancy that is to arise on 30.04.2017 due to the retirement of Mr.P.Mohan) by taking into consideration the recommendation and proposal of the 3rd Respondent promoting her from the post of Junior Engineer, (Planning) Special Grade - I Salem Corporation, being the eligible candidate as per seniority and service in the Salem Corporation. 2.The case of the petitioner is that she was appointed as Town Planning Inspector in the Salem Corporation on 04.10.1995. However, the post of Executive Engineer (Planning) would fall vacant on 30.04.2017.

As per the seniority list of the Planning Department, the petitioner is the senior most in the list and she is eligible to be posted in the same. In this regard, she gave a representation through the third respondent on 27.03.2017 to promote her as per the seniority. On 31.03.2017, the third respondent sent a proposal to respondents 1 and 2 forwarding the representation for promotion to the said post in the Salem Corporation. As there was no response, she is before this Court seeking the above direction.

3.Learned Special Government Pleader appearing for the respondents sought eight weeks time to consider the representation made by the petitioner.

4.Considering the limited relief sought for by the petitioner, this Court, directs the respondents to consider and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5.With the above direction, this writ petition is disposed of accordingly. No costs.

s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar

To

1. The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort.St. George, Chennai - 600 009.

2. The Commissioner of Municipal Administration and Water Supply Department, Ezhilagam, Chepauk, Chennai - 600 005.

3. The Commissioner, Salem City Municipal Corporation, Salem - 1.

+1 CC to Mr.K.S. Kumar, Advocate sr 26096 +1 CC to Govt. Pleader sr 36532 W.P. No.11076 of 2017 NRII(CO) sp/12/5