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Madras High CourtWP/8304/2023disposed of

V.Rajaraman v. The Additional Chief Secretary To Government

2023-07-18Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2023

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR V.Rajaraman ... Petitioner vs.

1.The Additional Chief Secretary to Government, Tourism, Culture and Religious Endowment Department, Fort St. George, Chennai-600 009.

2.The Joint Secretary to Government, Tourism, Culture and Religious Endowment Department, Fort St. George, Chennai-600 009.

3.The Commissioner, Hindu Religious and Charitable Endowments Department, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

... Respondents PRAYER: Writ Petition is filed Under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to consider the representation of the petitioner dated 01.11.2018, 24.01.2019 and 23.10.2019 for upgrading the post of Gem Specialist to Regional Appraising Officer in the Jewel Verification Wing of Tamil Nadu Hindu Religious and 1/6

Charitable Endowments Department based upon the recommendation of the third respondent dated 29.06.2016.

For Petitioner : Mr.P.Muthukumaraswamy For Respondents : Mr.K.Karthikeyan Government Advocate (HR & CE)

O R D E R

The writ petition is filed by the petitioner seeking a direction to the 1st respondent to consider his representations dated 01.11.2018, 24.01.2019 and 23.10.2019 for upgradation the post of Gem Specialist as Regional Appraising Officer.

2. According to the petitioner, he was appointed in the Hindu Religious and Charitable Endowments Department as Junior Technical Assistant in the Jewel Verification Wing. Lateron, he was promoted as Gem Specialist.

3. Since there is no avenue for further promotion, he submitted a representation to the 1st respondent seeking upgradation of the post as Regional Appraising Officer. The last of the representation of the petitioner was submitted before the 1st respondent on 23.10.2019. Thereafter, the 2/6

1st respondent sought for certain clarifications from the 3rd respondent through the letter of the 2nd respondent dated 27.06.2022 in Letter No.7799/ANi 2-1/2016-9.

4. The grievance of the petitioner is that even though the 2nd respondent sought for certain clarifications from the 3rd respondent as early as 27.06.2022, the 3rd respondent has not submitted his clarifications and therefore, the representation of the petitioner has not been considered by the 1st respondent till date.

5. Mr.K.Karthikeyan, learned Government Advocate (HR and CE) takes notice for the respondents.

6. In view of the limited prayer made by the petitioner, without expressing any opinion on the merits of the case, this Court is inclined to issue a direction to the 3rd respondent to submit his clarifications to the 1st respondent through the 2nd respondent within a period of six weeks from the date of receipt of copy of this order. On receipt of clarifications from the 3rd respondent, the 1st respondent is directed to consider the representation 3/6

made by the petitioner on 23.10.2019 in the light of the clarification submitted by the 3rd respondent and pass final orders on merits within a period of six weeks from the date of receipt of clarification from the 3rd respondent.

7. With the above directions, the writ petition is disposed of. No costs.

18.07.2023 Index : Yes/No Speaking order:Yes/No dm 4/6

To 1.The Additional Chief Secretary to Government, Tourism, Culture and Religious Endowment Department, Fort St. George, Chennai-600 009.

2.The Joint Secretary to Government, Tourism, Culture and Religious Endowment Department, Fort St. George, Chennai-600 009.

3.The Commissioner, Hindu Religious and Charitable Endowments Department, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

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S.SOUNTHAR, J.

dm 18.07.2023 6/6