Madras High CourtWP/10894/2024disposed of

S.M.Velumani v. The State Rep By

2024-04-18Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.M.Velumani .. Petitioner

Versus

The State Rep by

1. Principal Secretary to Government, Water Resource Department, Secretariat, Chennai - 600 009.

2. The Engineer-in-Chief & Chief Engineer, Water Resource Department, Chepauk, Chennai - 600 005.

3. The Engineer-in-Chief & Chief Engineer, Public Works Department, Chepauk, Chennai - 600 005.

4. The Chief Engineer, Public Works Department Office, Coimbatore Region, Coimbatore.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus to direct the respondents to give the 1/5

promotion to the petitioner with due seniority with all consequential benefits to the post of Chief Personnel Officer based on the representation, dated 01.02.2024 given by the petitioner to the 2nd respondent which was culminated into the proposal for promotion of the 3rd respondent proceedings, dated 06.03.2024 in Kaditha Enn.C(1)/00270/2024. For Petitioner : Mr.N.G.R.Prasath, for Mr.R.Thirumoorthy For Respondents : Mr.Stalin Abhimanyu, Additional Government Pleader

ORDER

This Writ Petition is filed for a direction to the respondents to give promotion to the petitioner with due seniority with all consequential benefits to the post of Chief Personnel Officer based on the representation, dated 01.02.2024 given by the petitioner.

2. The case of the petitioner is that the next higher post, to which, the petitioner is eligible for promotion is the post of Chief Personnel Officer. Already, the petitioner is given additional charge of the said post and is working in the said post. A clear vacancy in the said post exists. Already, the second respondent has considered the case of the petitioner and with a recommendation, has forwarded the proposal to the first respondent. 2/5

However, the same is kept pending. In view of the administrative delay, the petitioner is now shortly bound to retire and therefore, he has approached this Court.

3. Mr.Stalin Abhimanyu, learned Additional Government Pleader for the respondents would submit that if a proposal is pending before the first respondent, the same will be considered on its own merits and in accordance with law.

4. In view thereof, this Writ Petition is disposed of with a direction to the first respondent to consider the proposal forwarded by the second respondent, dated 12.02.2024 on its own merits and in accordance with law within a period of three weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

18.04.2024 Index : yes Speaking order : no grs To 3/5

1. The Principal Secretary to Government, Water Resource Department, Secretariat, Chennai - 600 009.

2. The Engineer-in-Chief & Chief Engineer, Water Resource Department, Chepauk, Chennai - 600 005.

3. The Engineer-in-Chief & Chief Engineer, Public Works Department, Chepauk, Chennai - 600 005.

4. The Chief Engineer, Public Works Department Office, Coimbatore Region, Coimbatore.

4/5

D.BHARATHA CHAKRAVARTHY, J.

grs 18.04.2024 5/5