← Library
Madras High CourtWP/10080/2021disposed of

M.Ramesh v. The District Collector

2022-06-09Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.10080 OF 2021 M.Ramesh ... Petitioner Vs.

1. The District Collector, Collectorate Villupuram District, Collector Office Rd, Moovendar Nagar, Villuppuram, 605602.

2. The Additional Collector (Revenue) Collectorate Villupuram District Collector Office Rd, Moovendar Nagar, Villuppuram, 605602.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking to issue a Writ of Mandamus, to direct the 1st and 2nd Respondents herein to consider the Petitioners representation dated 07.09.2020 to issue the promotion order along with the increments from the date on which the Petitioner herein had passed the Departmental Exams. For petitioner :

Ms.H.Lucia Priyadarshini For respondents :

Mr.T.Chezhiyan Additional Government Pleader

ORDER

This writ petition has been filed seeking to issue a Writ of Mandamus, directing the 1st and 2nd respondents herein to consider the petitioner's representation dated 07.09.2020 to issue promotion order along with the increments from the date on which the petitioner herein had passed the Departmental Examinations.

2. According to the petitioner, the petitioner was appointed as Junior Assistant on compassionate ground in the year 2009 and he has appeared for the promotional examination conducted by the Tamil Nadu Public Service Commission in the year 2013. Thereafter, the 1st respondent by his proceedings in Na.Ka.No.A4/10634/2016, dated 29.01.2018 directed the Secretary, School Examination Board to verify the genuineness of the petitioner's mark sheet. In the meantime, the 1st respondent has promoted his junior to the post of Assistant. Since the genuineness certificate of the petitioner could not be considered for promotion to the post of Assistant. Hence, he has made a representation dated 07.09.2020 to the respondents seeking promotion. But the said representation is still pending, no order has been passed. Hence, he filed the instant writ petition before this Court.

3. The learned Additional Government Pleader appearing for the respondents would submit that the clarification sought by the 1st respondent from the Education Department has been received stating that the mark sheet furnished by the petitioner is genuine. Therefore, the petitioner's representation dated 07.09.2020 seeking promotion to the post of Assistant would be considered, if otherwise eligible.

4. In view of the above submissions made by the parties and taking note of the fact, this Court is inclined to direct the 1st respondent to consider the petitioner's representation dated 07.09.2020 and pass appropriate orders on merits and in accordance with law, as early as possible, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner is directed to furnish the copy of the representation dated 07.09.2020 along with this order before the 1st respondent.

5. With the above directions, the writ petition stands disposed of. No costs.

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

To

1. The District Collector, Collectorate Villupuram District, Collector Office Rd, Moovendar Nagar, Villuppuram, 605602.

2. The Additional Collector (Revenue) Collectorate Villupuram District Collector Office Rd, Moovendar Nagar, Villuppuram, 605602.

W.P.No.10080 of 2021 GJ(CO) RLP(17/06/2022)