R.S.Sampathkumar v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2015
CORAM:
THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN Writ Petition No.18045 of 2015 R.S.Sampathkumar ... Petitioner vs.
1.The Principal Secretary to Government, Home (Tr.IIA) Department, Secretariat, Chennai - 600 009.
2.The Transport Commissioner, Chepauk, Chennai -5.
... Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of writ of mandamus, directing the first respondent herein to consider and pass orders on the petitioner's representation dated 04.05.2015 given to promote the petitioner as Motor Vehicle Inspector Grade I for the year 2012-2013 in relaxation of Rules and in the light of G.O.3(D) No.42, Home (Tr.IIA) Department, dated 16.08.2013.
For Petitioner : Mr.Ravi Shanmugam For Respondents : Mr.V.Jayaprakash Narayanan Spl. Government Pleader
O R D E R
The petitioner was appointed as Motor Vehicle Inspector Grade II at the Regional Transport Office, Coimbatore, by an order dated 20.09.2011. He joined the said post on 03.02.2012. He completed his probation with effect from 03.02.2014.
2. According to the petitioner, in respect of 44 Motor Vehicle Inspectors Grade II, who did not have 4 years service qualification for promotion to the post of Motor Vehicle Inspector Grade I, the Government issued G.O.(3D) No.42, Home (Tr.IIA) Department, dated 16.08.2013, relaxing the service qualification of four years as Motor Vehicle Inspector Grade II. According to him, his name should have been included in the said list in between Sl.No.37 and Sl.No.38. But his name was omitted.
3. Hence, the petitioner made a representation dated 04.05.2015 to the first respondent to promote him as Motor Vehicle Inspector Grade I by relaxing the service qualification as done in the case of others.
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4. When the matter is taken up for hearing, the learned counsel for the petitioner has submitted that the petitioner would be satisfied, if a direction is issued to the first respondent to dispose of the representation, dated 04.05.2015 taking into account the aforesaid facts within a stipulated period.
5. In view of the narrow prayer now made, the writ petition is disposed of by directing the first respondent to consider the representation of the petitioner, dated 04.05.2015 taking into account the aforesaid facts and pass appropriate orders on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar True Copy Sub Assistant Registrar To 1.The Principal Secretary to Government, Home (Tr.IIA) Department, Secretariat, Chennai - 600 009.
2.The Transport Commissioner, Chepauk, Chennai -5.
+1 cc to Mr.Ravishanmugam, Advocate,SR.30760 +1 cc to Government Pleader,SR.31293.
Tm(co) krd 2/7 W.P.No.18045 of 2015 https://hcservices.ecourts.gov.in/hcservices/