P.Baluchamy v. The Assistant Director Of Town Panchayats

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH P.Baluchamy ... Petitioner Vs 1.The Assistant Director of Town Panchayats, Erode Region, Erode 638 001.

2.The Executive Officer, Madathukulam Town Panchayat, Tiruppur District 642 113.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the petitioner for promotion to the post of Sanitary Supervisor in Madathukulam Town Panchayat, Tiruppur District within a reasonable time as may be fixed by this Court.

For Petitioner : Mr.M.Radhakrishnan for Mr.P.Pugalenthi For Respondents : Mr.P.Baladhandayutham, Special Government Pleader for R1 Mr.T.Arunkumar, Additional Government Pleader for R2

ORDER

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Heard Mr.M.Radhakrishnan, representing for Mr.P.Pugalenthi, learned counsel for the petitioner, Mr.P.Baladhandayutham, learned Special Government Pleader for the first respondent and Mr.T.Arunkumar, learned Additional Government Pleader for the second respondent.

2.The prayer in the present writ petition is for a direction to the respondents to consider the petitioner's candidature for promotion to the post of Sanitary Supervisor in Madathukulam Town Panchayat, Tiruppur District, within a reasonable time.

3.The petitioner was temporarily promoted as a Sanitary Supervisor. However, his promotion came to be challenged by one Chellammal before this Court in W.P. No.1132 of 2011 and based on the orders of this Court, the petitioner's promotion was cancelled and one M.Komathi was appointed as a Sanitary Supervisor. 4.The counter affidavit of the second respondent also ratifies this 2/4

position.

5.As such, the respondents may not be in a position to promote the petitioner to the post of Sanitary Supervisor. 6.It is needless to point out that whenever a vacancy arises for promotion, the respondents may consider the candidature of the petitioner, if he is qualified to be promoted. 7.The writ petition stands closed accordingly. No costs. 20.06.2023 Index:Yes/No Speaking order/Non-speaking order vga To 1.The Assistant Director of Town Panchayats, Erode Region, Erode 638 001.

2.The Executive Officer, Madathukulam Town Panchayat, Tiruppur District 642 113.

M.S.RAMESH,J.

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