C.Boominathan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN C.Boominathan Zonal Officer - V Zone (in-charge), Chennai City Municipal Corporation, Chennai - 600 003.

...Petitioner

-VsThe Commissioner, Chennai City Municipal Corporation, Chennai - 600 003.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 21.10.2009 for promotion as Assistant Commissioner in the respondent corporation based on the proceeding of the respondent issued in G.D.C.No.E3/40504/1990 dated 28.02.2003 with monetary benefits, within a reasonable period as may be fixed by this Court.

For Petitioner : Ms.N.Lakshmipriya For Mr.T.Ranganathan For Respondent : Ms.P.T.Ramadevi Standing Counsel

ORDER

The writ petition has been filed for direction to direct the respondent to consider the petitioner's representation dated 21.10.2009 for promotion as Assistant Commissioner in the respondent corporation based on the proceeding of the respondent issued in G.D.C.No. E3/40504/1990 dated 28.02.2003 with monetary benefits, within a reasonable period.

2.

It is seen that the petitioner is facing criminal proceedings before the criminal Court and it is not yet decided so far. Therefore, the relief sought for in this petition cannot be granted. However, the petitioner is at liberty to make a fresh representation seeking promotion to the post of Assistant Commissioner, subject to the result of the criminal case.

3.

With the above directions, the Writ Petition stands disposed of. There shall be no order as to cost.

23.08.2023 (2/2) Internet: Yes Index : Yes/No Speaking/Non Speaking order rts

To The Commissioner, Chennai City Municipal Corporation, Chennai - 600 003.

G.K.ILANTHIRAIYAN. J, rts 23.08.2023 (2/2)