Madras High CourtWP/1736/2016disposed of

M.Manivel, v. The Divisional Engineer

2016-01-20Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.01.2016

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P. No.1736 of 2016 M.Manivel .. Petitioner Vs.

The Divisional Engineer (Highways) Construction & Maintenance, Dharapuram, Tiruppur District.

.. Respondent PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 29.10.2015 requesting for promotion to the post of Road Inspector Grade-II and pass appropriate orders thereon within a time limit to be fixed by this Court.

For Petitioner : Mr.P.Manoj Kumar For Respondent : Mrs.M.E.Raniselvam Additional Government Pleader

ORDER

By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

2. The writ petition is filed seeking for a direction to the respondent to consider the representation of the petitioner dated 29.10.2015 for giving promotion to the post of Road Inspector Grade-II.

3. According to the petitioner, he was appointed as Salai Paniyalar in the Highways Department, Udumalpet Sub Division, Dharapuram Division, Tiruppur Circle. His services were regularized with effect from 29.05.1997. The petitioner would claim that as per the letter of the Principal Director, Highways Department, Chennai, vide letter No.25187/Nir4(3)/2006m dated 28.05.2014, the Chief Engineer, Construction and Maintenance, Chennai, was instructed to fill up the vacancies in the post of Road Inspector Grade-II. The petitioner would state that as per the orders of Government, 25% of the vacancies have to be filled https://hcservices.ecourts.gov.in/hcservices/

up by promotion of qualified and eligible Salai Paniyalar and the remaining 75% shall be filled up by direct recruitment.

4. The petitioner has stated in the affidavit that he is placed at Serial No.5 in the seniority list of Salai Paniyalar and he is eligible to be promoted as Road Inspector Grade-II. Therefore, he made a representation dated 29.10.2015 to the respondent. Since no order has been passed by the respondent, the writ petition has been filed.

5. Heard the submissions of Mr.P.Manoj Kumar, learned counsel appearing for the petitioner and Mrs.M.E.Raniselvam, learned Additional Government Pleader, who accepts notice on behalf of the respondent.

6. Taking into consideration the limited prayer sought for in the writ petition and without going into the merits of the case, this Court directs the respondent to consider the representation of the petitioner dated 29.10.2015 and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.

7. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ogy/sri To The Divisional Engineer (Highways) Construction & Maintenance, Dharapuram, Tiruppur District.

+1cc to M/s. P. Rajendran, Advocate, S.R.No.3133 +1cc to the Government Pleader, S.R.No.3323 NSN(CO) EU(24/02/2016) W.P. No.1736 of 2016 https://hcservices.ecourts.gov.in/hcservices/