C.Pannerselvam v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 12613 of 2023

1. C.Pannerselvam

2. M.Viswanathan

3. M.Shanmugam

4. P.Anand

5. R.S. Senthilkumar

6. P.Viswanathan

7. N.R. Jayaseelan ... Petitioners -vs1. The State of Tamil Nadu, Rep. By its Principal Secretary, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Director of Town Panchayats, Municipal Office Complex, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.

... Respondents 1/6

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, forbearing the Respondents from promoting the appointees/beneficiaries as per G. O. Ms. No. 125 dated 27.05.1999 Municipal Administration and Water Supply Department and G.O. Ms. No. 76 dated 31.05.2019 Municipal Administration and Water Supply Department alone to the post of Typist, Junior Assistant, Bill Collector etc., and to One Time Promote the Petitioners to the post of Typist, Junior Assistant, Bill Collector etc., by considering and disposing our representations dated 24.02.2023 as per the provisions of law.

For Petitioner : Mr. R.Selvakumar For Respondents : Mr. K.Karthick Jeganath, Government Advocate

O R D E R

Heard Mr. R.Selvakumar, Learned Counsel for the Petitioners and Mr. K.Karthick Jeganath, Learned Government Advocate, who takes notice for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties.

2.

The grievance ventilated by the Petitioners is that they have made representations dated 24.02.2023 objecting to the promotions made to the 2/6

persons in G. O. Ms. No. 125 dated 27.05.1999 Municipal Administration and Water Supply Department and G.O. Ms. No. 76 dated 31.05.2019 Municipal Administration and Water Supply Department issued by the Government of Tamil Nadu and consequently, promote the Petitioners to the post of Typist, Junior Assistant, Bill Collector etc., but as it did not evoke any response, they have filed this Writ Petition.

3.

Having regard to the limited scope of the relief sought in the Writ Petition, this Court without expressing any view on the merits of controversy involved, passes the following order:- (i) the concerned authority shall immediately examine the representation dated 24.02.2023 made by the Petitioners including ascertaining as to whether the Petitioners would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioners requiring the same to be furnished within a time frame of not less than 15 days for the same;

(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioners and all other persons concerned to explain their 3/6

position in that regard;

(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated by 31.08.2023 under written acknowledgment; (v) the report of such compliance shall be filed before the Registrar (Judicial) of this Court.

In the result, the Writ Petition is disposed on the aforesaid terms. Consequently, the connected Miscellaneous Petition is closed. No costs. 25.04.2023 skr Index: Yes/No Note: Issue order copy by 05.06.2023.

To

1. ThePrincipal Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Director of Town Panchayats, Municipal Office Complex, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.

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Copy to The Registrar (Judicial), Madras High Court, Chennai.

5/6

P.D. AUDIKESAVALU, J.

skr 25.04.2023 6/6