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Madras High CourtWP/31242/2013disposed of

B.Jayaraman v. The Assistant Executive

2020-08-31Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.31242 of 2013 1.B.Jayaraman 2.R.Dhanasekaran ... Petitioners Vs.

1.The Assistant Executive Engineer, Public Works Department, Electrical Sub-Division, Fort St.George, Chennai - 9.

2.The Engineer - in - Chief (Buildings) & Chief Engineer (Buildings), Chennai Region, Chief Engineer General (PWD), Public Works Department, Chepauk, Chennai - 5.

3.The Superintending Engineer, Public Works Department, Electrical Circle, Chepauk, Chennai - 5.

4.S.Hussain Basha (R4 - impleaded as per order of this Court dated 13.03.2014 in MP1/13 in WP 31242/13) ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to consider the claim of the petitioners for promotion as Head Wireman from the date on which their juniors came to be promoted as such pursuant to and on the basis of the Circular dated 16.08.2012 pursuant to the representations dated 23.08.2013 and a reminder dated 25.09.2013 seeking the same. For Petitioners: Mr.K.C.Vinodh For Respondents: Mr.A.N.Thambidurai for R1 to R3 Special Government Pleader Mr.K.Elango for R4

O R D E R

The petitioners have filed this writ petition seeking issuance of Writ of Mandamus directing the respondents 1 to 3 to consider the claim of the petitioners for promotion as Head Wireman from the date on which their juniors came to be promoted as such pursuant to and on the basis of the Circular dated 16.08.2012 pursuant to the representations dated 23.08.2013 and a reminder dated 25.09.2013 seeking the same. 2.The case of the petitioners is that the petitioners were appointed as Helpers on 01.01.1998 and 01.07.1997 respectively, and were promoted as Wireman Grade - II and their services were regularized. The next avenue of promotion is Head Wireman. According to the petitioners, they are eligible for promotion to the post of Head Wireman and according to the revised Seniority List vide Circular dated 16.08.

2012, the first petitioner is placed at Sl.No.6 and the second petitioner is placed at Sl.No.2. Hence, the petitioners made representation dated 23.08.2013 and reminder dated 25.09.2013 to the third respondent through proper channel and since no orders were passed have filed this writ petition.

3.The learned counsel appearing for the petitioners would submit that without going into the merits of the case, it would suffice, if this Court issues direction to the respondents to consider the petitioners representation dated 23.08.2013 and reminder dated 25.09.2013 and to pass appropriate orders, within a reasonable time frame.

4.Considering the limited request now made by the learned counsel appearing for the petitioners, this Court directs the respondents to consider the petitioners representation dated 23.08.2013 and reminder dated 25.09.2013 and to pass appropriate orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. 5.The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Pri

To 1.The Assistant Executive Engineer, Public Works Department, Electrical Sub-Division, Fort St.George, Chennai - 9.

2.The Engineer - in - Chief (Buildings) & Chief Engineer (Buildings), Chennai Region, Chief Engineer General (PWD), Public Works Department, Chepauk, Chennai - 5.

3.The Superintending Engineer, Public Works Department, Electrical Circle, Chepauk, Chennai - 5.

+1cc to the Government Pleader, S.R.No. 28491 W.P.No.31242 of 2013 SV(CO) GN(15/10/2020)