J.K.Yokaraaj, Asst. Executive v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.15720 of 2015 J.K.Yokaraaj ...PETITIONER Vs

1. The Government of Tamil Nadu rep. by its Principal Secretary to Government, Rural Development and Panchayat Raj Department, Fort St. George, Chennai-9.

2. The Commissioner of Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai-15.

3. The District Collector, Erode District, Erode.

...RESPONDENTS Writ Petition filed under Article 226 of the Constitution of India for the issue of Writ of Certiorari to call for the records pertaining to the order bearing Roc.No.27779/09/DPC3.1 of the 2nd respondent dated 31.05.2009 and quash the same. For petitioner :

Mr.V.Suthakar For respondents :

Mr.K.V.Dhanapalan, Additional Government Pleader

O R D E R

In view of the limited prayer made by the learned Counsel for the petitioner during the course of hearing, the Writ Petition itself is taken up for final disposal.

2.

The petitioner was initially appointed as Assistant Engineer in Rural Development and Panchayat Raj Department at Karur

District. Subsequently, he was promoted as Assistant Executive Engineer on 14.11.2004. While so, by the proceedings of the Commissioner of Rural Development and Panchayat Raj, Chennai dated 31.05.2009, he was imposed with the punishment of stoppage of increment for six months without cumulative effect. According to the petitioner, he filed an appeal on 10.07.2009 itself through proper channel i.e. via, the District Collector, Erode. But the appeal is not yet disposed of.

3.

The learned Counsel for the petitioner would submit that the petitioner would be satisfied, if the aforesaid appeal is ordered to be disposed of by the Government. The learned Counsel for the petitioner would further submit that in view of the aforesaid minor punishment, the petitioner is deprived of promotion on four occasions.

4.

Under these circumstances, the Writ Petition is disposed of, directing the 1st respondent to dispose of the appeal preferred by the petitioner dated 10.07.2009 on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this Order. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar tsi To

1. The Principal Secretary to Government, Government of Tamil Nadu, Rural Development and Panchayat Raj Department, Fort St. George, Chennai-9.

2. The Commissioner of Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai-15.

3. The District Collector, Erode District, Erode.

1 CC to Mr.V.Suthakar, Advocate SR.No. 27034 1 CC to the Government Pleader, SR.No. 26876 W.P.No.15720 of 2015 RSI (CO) PSI (17.06.2015)