A.Chinnasamy, v. The State Of Tamil Nadu Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.22122 of 2015 A.Chinnasamy ... Petitioner -Versus1.The State of Tamil Nadu, Rep. By its Principal Secretary, Public (Special-A) Department, Fort St. George, Chennai 600 009.

2.The Additional Chief Secretary cum Commissioner of Revenue Administratin, Revenue Department, Chepauk, Chennai 600 005.

3.The District Collector, Collectorate, Salem District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India for the relief of issuance of Writ of Mandamus, directing the respondent to consider the representation of th epetitioner dated 13.06.2015 and 01.07.2015 seeking promotion as Deputy Collector and District Revenue Officer on par with his junior which was duly forwarded by Letter No.1562/A4/2014-5 dated 07.07.2015 and pass orders thereon.

For petitioner : Mr.L.Chandrakumar For respondents : Mrs.M.E.Rani Selvam, AGP

ORDER

The petitioner joined as Junior Assistant on 28.06.1981 in the Revenue Department. While so, a criminal case in Crime No.533 of 1981 came to be registered against him by the Inspector of Police, Pallapatti Police Station, Salem District. Based on the above, the petitioner was placed under suspension. On completing the investigation, the Inspector of Police, Pallapatti Police Station, filed a charge sheet, which has been taken cognizance by the Judicial Magistrate concerned in C.C.No.118 of 1997. After full trial, the above said case ended in acquittal. https://hcservices.ecourts.gov.in/hcservices/

2. According to the petitioner, he was denied promotion on account of pendency of criminal case and the disciplinary proceedings. He was made to suffer as such for about 19 years. In the meanwhile number of his juniors were promoted upto the level of the District Revenue Officer. Now, the grievance of the petitioner is that though he made representations dated 13.06.2014 and 01.07.2015 to the 1st respondent for promotion as Deputy Collector and the District Revenue Officer, the same has not yielded any response. Thus, he has no other option, except to approach this court by way of this writ petition.

3. I have heard Mr.L.Chandrakumar, the learned counsel appearing for the petitioner and Mrs.M.E.Rani Selvam, the learned Additional Government Pleader, who takes notice for the respondents and also perused the records carefully.

4. Considering the limited scope of the prayer sought for in the writ petition and taking into consideration of the fact that the petitioner's representations for promotion are pending, without going into the merits of the claim made by the petitioner, this court directs the 1st respondent to consider the representations of the petitioner dated 13.06.2015 and 01.07.2015 on merits and in accordance with law and pass appropriate orders thereon within a period of twelve weeks from the date of receipt of a copy of this order. This writ petition is, accordingly, disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kmk To 1.The Principal Secretary, Public (Special-A) Department, Fort St. George, Chennai 600 009.

2.The Additional Chief Secretary cum Commissioner of Revenue Administration, Revenue Department, Chepauk, Chennai 600 005. 3.The District Collector,Collectorate, Salem District. +1cc to Mr.L. Chandrakumar, Advocate, S.R.No.37480 +1cc to the Government Pleader, S.R.No.37707 KSJ(CO) EU(12/08/2015) W.P.No.22122 of 2015 https://hcservices.ecourts.gov.in/hcservices/