Madras High CourtWP/22049/2015disposed of

A.Venkatachalam v. The Commissioner

2015-07-23Honourable Mr Justice D. Hariparanthaman3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 23.07.2015 Coram THE HONOURABLE Mr.JUSTICE D. HARIPARANTHAMAN Writ Petition No.24049 of 2015 and M.P.No.1 of 2015 A.Venkatachalam

...Petitioner

Vs.

1. The Commissioner, Coimbatore City Municipal Corporation, Coimbatore - 641 001.

2. The Commissioner of Municipal Administration, Chepauk, Chennai - 600 005.

3. The Secretary of Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to pass appropriate orders on the representation of the petitioner dated 25.06.2014 in the light of the order already issued by the 3rd respondent in G.O.(Ms.) No.79, Municipal Administration and Water Supply Department, dated 30.04.2001, within a reasonable period as may be fixed by this Court.

For Petitioner :

Mr.T.Ranganathan For Respondents :

Mr.K.Magesh for R1 Mr.K.V.Dhanapalan, Addl. Government Pleader for R2 and R3.

O R D E R

Mr.K.Magesh, learned Standing Counsel for Municipal Corporation takes notice for the first respondent and Mr.K.V.Dhanapalan, learned Additional Government Pleader takes notice for the second and third respondents.

2. In view of the narrow prayer made during the hearing of the writ petition, the writ petition is disposed of at the admission stage itself.

3. The petitioner was appointed as Technical Assistant in the Coimbatore City Municipal Corporation in 2008 on regular basis. According to the petitioner, he is in possession of the requisite qualification for the post of Assistant Engineer. It is the further case of the petitioner that the Government issued G.O.(Ms)No.79, M.A. & W.S. Department dated 30.04.2001 to consider the employees working in the lower categories, but possessing B.E. Degree for the post of Assistant Engineer, in Direct Recruitment vacancies. Such a direction was issued to all Municipal Commissioners.

4. In these circumstances, the petitioner made a representation dated 25.06.2014 to consider him to the post of Assistant Engineer in the direct recruitment vacancies and this writ petition is filed to issue appropriate direction to the first respondent Municipal Corporation to consider the representation of the petitioner in the light of G.O.(Ms.)No.79, M.A. & M.S. Department dated 30.04.2001.

5. In view of the narrow prayer made, the first respondent is directed to pass orders on the representation of the petitioner dated 25.06.2014, on merits and in accordance with law and in the light of the G.O.(Ms.)No.79, M.A. & M.S. Department dated 30.04.2001, within a period of eight weeks from the date of receipt of a copy of this order.

6. The writ petition is disposed of accordingly. No costs. Consequently, connected M.P.No.1 of 2015 is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vsi

Note:

1. The Commissioner, Coimbatore City Municipal Corporation, Coimbatore - 641 001.

2. The Commissioner of Municipal Administration, Chepauk, Chennai - 600 005.

3. The Secretary of Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.

1 CC to Mr.T.Ranganathan, Advocate SR.No. 37477 1 CC to the Government Pleader, SR.No. 37746 1 CC to Mr.K.Magesh, Advocate SR.No. 37390 W.P.No.22049 of 2015 RJ (CO) PSI (27.07.2015)