K.Venkatesan v. Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2023 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.Nos.12531 &12532 of 2021 K.Venkatesan ... Petitioner

Versus

1.Director, Commissionerate of Rural Development and Panchayat Raj, Panagal Building, Chennai - 15.

2.District Collector, Kancheepuram District, Kancheepuram.

3.District Collector, Chengalpattu District, Chengalpattu.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the entire records relating to the proceeding in Na.Ka.No.15426/2020/Pa.Aa.2, dated 20.11.2020 on the file of the 2nd respondent herein to consider the representation dated 09.03.2021 of the petitioner herein for reallocation to Kancheepuram District and promotion as B.D.O on par with his Juniors with all monetary benefits.

For Petitioner :

Mr. V. R. Rajasekaran For Respondents :

M/s. P. Vijaya Devi, Government Advocate.

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O R D E R

As per the notification dated 12.11.2019 bifurcating the Kancheepuram District, the petitioner was promoted and reallocated to Chengalpattu District as Block Development Officer on par with his immediate juniors vide Proceedings in Na.Ka.No.15426/2020/Pa.Aa.2, dated 20.11.2020, by the first respondent. Though the petitioner has given several representations to the first respondent and second respondent, there was no response from them. Till date, since the same were not considered by the respondents, the petitioner has given a fresh representation on 09.03.2021 to the first respondent, to consider the same, and the first respondent has not even considered the same also. Hence, the present Writ Petition has been filed before this Court.

2. Heard both sides and perused the material records of the case.

3. In view of the limited relief sought for, this Court is of the view that it is not necessary to dwell into the merits of the issue, but it would suffice to direct the first respondent to consider the representation submitted by the petitioner on 09.03.2021, on merits and in accordance with the law and pass consequential orders, within a period of four weeks from the date of receipt of a copy of this order. While considering the same, the first respondent shall also Page No.2 of 4

take into consideration that the petitioner is about to retire from the service within a period of one year.

4. The Writ Petition is disposed of, with the above direction. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

05.07.2023 Index : Yes/No Speaking / Non-Speaking order klt To:

1.The Director, Commissionerate of Rural Development and Panchayat Raj, Panagal Building, Chennai - 15.

2.The District Collector, Kancheepuram District, Kancheepuram.

3.The District Collector, Chengalpattu District, Chengalpattu.

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J.SATHYA NARAYANA PRASAD,J.

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