K.Karunanithi, v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.02.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.4956 of 2017 K.Karunanithi ..
Petitioner vs.
1.The State of Tamil Nadu rep by its Principal Secretary, Rural Development and Panchayat Raj Department, Secretariat, Chennai-600 009.
2.The Director, Rural Development and Panchayat Raj Department, Panagal Maaligai, Saidapet, Chennai-600 015.
3.The District Collector, Ariyalur, Ariyalur District.
..
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to consider and pass orders on the representation of the petitioner dated 24.11.2016 in the light of Government Orders in G.O.(2 Pa) No.7, Rural Development and Panchayat Raj (Pa.a-4) Department dated 30.1.2012 and G.O. (1Pa).No.447, Rural Development and Panchayat Raj (Pa.a-4) Department dated 19.8.2015 and G.O.(3D)No.83, Rural Development and Panchayat Raj (Pa.a-4) Department dated 28.10.2016 passed by the first respondent within a time limit that may be specified by this Court.
For Petitioner :
M/s.G.Elanchezhiyan For Respondents :
Mr.K.Dhananjayan, Special Government Pleader
O R D E R
By consent, this Writ Petition is taken up for final disposal.
2. The petitioner was initially appointed as Junior Assistant on 14.09.1994 on compassionate ground and his services were regularized on 05.02.2001 with effect from 14.09.1994. The petitioner undergone training and his probation was also declared on 29.07.2013 and thereafter, he was given promotion as Assistant on 01.05.2015 and he is continuing in that capacity till date. The petitioner would further aver that before declaration of his probation in the post of Junior Assistant, his junior namely Thiru.Palanivel, who joined as Junior Assistant on 03.06.2009, got promoted as Assistant on 23.12.2012 and got further promotion as Deputy Block Development Officer on 14.11.2014 and whereas the petitioner is languishing as Assistant without any promotion.
3. The learned counsel appearing for the petitioner would submit that persons similarly placed like the petitioner has approached this Court by filing W.P.Nos.3544 and 3545 of 2015, praying for appropriate orders on their representation in terms of G.O.(2 Pa) No.7, Rural Development and Panchayat Raj (Pa.a-4) Department dated 30.01.2012 and the said writ petitions were disposed of with positive directions on 12.02.2015 and the said orders were also implemented by the Government by passing G.O. (1pa) No.447, Rural Development and Panchayat Raj Department dated 19.08.2015 and prays for appropriate orders.
4. Heard Mr.K.Dhananjayan, learned Special Government Pleader who accepts notice on behalf of the respondents.
5. Though the petitioner prays for larger relief, this Court, in the light of the above facts and circumstances and without going into merits of the same, directs the first respondent to consider and dispose of the petitioner's representation dated 24.11.2016 submitted through proper channel and pass orders on merits and in accordance with law, after taking note of G.O.(2 Pa) No.7, Rural Development and Panchayat Raj (Pa.a-4) Department dated 30.01.2012 and G.O.(1pa) No.447, Rural Development and Panchayat Raj Department dated 19.08.2015, within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.
6.This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jvm To 1.The Principal Secretary, The State of Tamil Nadu, Principal Secretary, Rural Development and Panchayat Raj Department, Secretariat, Chennai-600 009.
2.The Director, Rural Development and Panchayat Raj Department, Panagal Maaligai, Saidapet, Chennai-600 015.
3.The District Collector, Ariyalur, Ariyalur District.
+1cc to Mr.G. Elan Chezhiyan, Advocate, S.R.No.13616 +1cc to the Government Pleader, S.R.No.13571 sai(CO) md(15/03/2017) W.P.No.4956 of 2017