G.Chellan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.01.2024 CORAM :
THE HONOURABLE DR. JUSTICE D.NAGARJUN G.Chellan ... Petitioner Vs.
1.
The Managing Director, Tamil Nadu Water Supply and Drainage Board, No.31, Kamarajar Salai, Chepauk, Chennai - 600 005.
The Secretary, Tamil Nadu Water Supply and Drainage Board, No.31, Kamarajar Salai, Chepauk, Chennai - 600 005.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus, directing the first respondent to consider the petitioner representation dated 4.11.2013 for grant of promotion to the post of Assistant with consequential pension benefits which the petitioner will be eligible on the promotion post. For petitioner : Mr.R.Amardeep & T.Arunkumar For respondents :
Ms.Kavitha
O R D E R
This writ petition is filed seeking a direction to the respondents to consider the petitioner's representation dated 4.11.2013 for grant of Page No.1 of 4
promotion to the post of Assistant with consequential pension benefits which the petitioner will be eligible on the promotion post. The petitioner who was working with the second respondent Board as a Junior Assistant retired on 31.07.2009 on attaining the age of superannuation. It is submitted by the learned counsel for the petitioner that the petitioner's promotion to the post of Assistant was pending before the second respondent authorities and on account of administrative inaction, the promotion could not be given before the petitioner's retirement.
3.
It is further submitted by the learned counsel for the petitioner that promotion to the petitioner's batch mates were given on the next working day of petitioner's retirement. The petitioner, therefore submitted representation dated 14.11.2013 to consider his request and promote him as Assistant w.e.f. the date of approval of the panel. As the petitioner's representation was neither addressed nor disposed of, the petitioner has approached this Court with the present writ petition. Page No.2 of 4
4.
The learned counsel for the respondent submitted that there was no administrative in action and the promotion was considered as per the procedures only and that until the petitioner's retirement promotion could not be given to his batch. The learned counsel for the respondent submitted that if a specific time frame is given by this Court, the petitioner's representation dated 14.11.2013 will be considered and if necessary, the legal heirs of the petitioner can file appropriate application. 5.
Heard both sides and perused the materials available on record.
6.
Considering the submission made by both the sides, this writ petition is disposed of directing the respondents to consider the petitioner's representation dated 14.11.2013 within a period of eight weeks from the date of receipt of copy of a order. Costs made easy. 09.01.2024 vca Index :
Yes/No Internet :
Yes/No Citation :
Yes/No Page No.3 of 4
DR.N.NAGARJUN.J., vca To:
1.
The Managing Director, Tamil Nadu Water Supply and Drainage Board, No.31, Kamarajar Salai, Chepauk, Chennai - 600 005.
The Secretary, Tamil Nadu Water Supply and Drainage Board, No.31, Kamarajar Salai, Chepauk, Chennai - 600 005.
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