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Madras High CourtWP/11326/2020disposed of

R.Amudha v. The Managing Director

2022-01-07Honourable Mr Justice V. Parthiban3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2022

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.No.11326 of 2020 1.R.Amudha 2.R.Sivasakthi ... Petitioners Vs 1.The Managing Director, Pondicherry Co-Operative Urban Bank Ltd., P.No.14, Puducherry - 605 001.

2.R.Jansicheelakumari ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the 1st respondent to promote the petitioners as Junior Assistants with retrospective effect from 23.07.2015 on which date, the 2nd respondent herein was promoted to the post of Junior Assistant in the respondent Bank, with consequential and other service benefits.

For Petitioners : Mr.M.Gnanasekar For Respondents : Mr.R.Saravanan for R1 No appearance for R2

O R D E R

This writ petition has been filed to issue a Writ of Mandamus to direct the 1st respondent to promote the petitioners as Junior Assistants with retrospective effect from 23.07.2015 on which date, the 2nd respondent herein was promoted to the post of Junior Assistant in the respondent Bank, with consequential and other service benefits.

2.The learned counsel appearing for the petitioners submitted that the petitioners were working as Peons in the 1st respondent Co-Operative Urban Bank Limited on daily wages. The service of the petitioners were regularised vide Order No.PCUB/Estt/20/2007-08/1118 dated 05.11.2007. The first petitioner completed her Under graduation in 2013 and Post

graduation in 2015 and she was promoted as Attender on 01.04.2015. Similarly the second petitioner completed her Under graduation in 2009 and Post graduation in 2015 and she was promoted as Attender on 01.04.2015. Though the second respondent who was appointed as Peon in 2010 was promoted as Junior Assistant in May 2015, without working as Attender, which is the feeder post to the post of Junior Assistant. Therefore, the petitioners made representations on 01.09.2015 and 12.07.2017 respectively, but till date their representations were not considered by the 1st respondent Bank. Aggrieved by the same, the petitioners have filed the above writ petition. 3.The learned counsel for the petitioners further submitted that the direction issued by this Court in identical case in W.P.No.26141 of 2019 dated 03.09.2019, may be followed in this writ petition also. The direction of this Court in the said writ petition reads as under :

''Considering the facts and circumstances of the case and the limited request made by the learned counsel for the petitioners, I am inclined to issue direction to the 1st respondent to dispose of the representations dated 01.02.2017 in accordance with law and as per the scheme, if not disposed already within a period of twelve (12) weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. No costs.'' 4.In view of the limited nature of disposal sought by the petitioner's counsel for which there would be no legitimate objections from the respondent's side, the writ petition is disposed of as under :

The 1st respondent is directed to pass appropriate orders on the representations of the petitioners dated 01.09.2015 and 12.07.2017 on merits and in accordance with law and as per the scheme within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar ms

To The Managing Director, Pondicherry Co-Operative Urban Bank Ltd., P.No.14, Puducherry - 605 001.

+1cc to Mr.M.Gnanasekar, Advocate SR.No.1437 W.P.No.11326 of 2020 PL(CO) GN(18/02/2022)