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Madras High CourtWP/22150/2017disposed of

G.Vedachalam, v. The Principal Secretary Of

2017-08-21Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-08-2017 CORAM :

THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM W.P. No. 22150 of 2017 G. Vedachalam.

..Petitioner Vs.

1.The Principal Secretary to Tamil Nadu Government, Government of Tamil Nadu (Industries Department), Fort St. George, Chennai-600 009.

2.The Commissioner of Sugar, 690, Anna Salai, Chennai-35.

3.The Director of Sugar, No.690, Anna Salai, Nandanam, Chennai - 600 035.

.. Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the representation dated 14.08.2017 to consider the petitioner as a candidate by providing relaxation or give exemption for age limit in appointing Labour Officer by promotion within the time frame. For Petitioner : Mr.M.Dharanidharan For Respondent-1 : Mr.K.Dhananjayan, Special Government Pleader.

For Respondents-1&2 : Mr.L.P.Shanmugasundaram, Special Government Pleader (Co-op).

O R D E R

The relief sought for in this writ petition is for a direction to direct the respondents to consider the representation submitted by the writ petitioner on 14.8.2017 with a claim to provide relaxation or grant exemption of age limit for appointment to the post of Labour Officer by way of

promotion, within the time frame.

2. The learned counsel appearing for the writ petitioner contended that the writ petitioner is now aged about 56 years and his right of promotion to the post of Labour Officer is denied on account of the crossing of the age limit of 55 years as per the Rules. The learned counsel further states that the writ petitioner is a meritorious candidate and having unblemished record of service. Thus, the respondents ought to have considered his case for grant of exemption of age limit, so as to provide promotional opportunity at the fag end of his service career. In this regard, the writ petitioner submitted a representation, setting out all his grievances, on 14.8.2017 and the same is yet to be considered. In view of the short span of service, the writ petitioner is constrained to move this writ petition.

3. Thus, without going into the merits and the demerits of the case and the claim set out in this writ petition, the second respondent/Commissioner of Sugar, is directed to consider the representation submitted by the writ petitioner on 14.8.2017 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioner is directed to enclose a copy of the representation along with the order passed in this writ petition.

4. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rpl/Svn To 1.The Principal Secretary to Tamil Nadu Government, Government of Tamil Nadu (Industries Department), Fort St. George, Chennai-600 009.

2.The Commissioner of Sugar, 690, Anna Salai, Chennai-35.

3.The Director of Sugar, No.690, Anna Salai, Nandanam, Chennai - 600 035.

+2 cc M/s.M.Dharanidharan Advocate sr59669 dt 05/09/2017 W.P. No. 22150 of 2017 ariv aa04/09/2017