S.Veeran v. The Dirrector Of Sericulture

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03-08-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.23487 of 2015 S.Veeran .. Petitioner vs The Director of Sericulture Anaimedu, Salem-1 .. Respondent Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondent to consider the representation of the petitioner dated 16.3.2015, by fixing the pay of the petitioner notionally in the post of Joint Director of Sericulture on par with his junior in accordance with G.O.Ms.No.203, dated 30.10.2000, and G.O.Ms.No.120 dated 6.7.2001.

For Petitioner : Mrs.Dakshayani Reddy for Mr.Mukund R.Pandiyan For Respondent : Mr.V.Subbiah Special Government Pleader

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.The petitioner would state that he was initially appointed as the Assistant Inspector of Sericulture and got promotions as Inspector and Assistant Director of Sericulture. He claims that he has put in hard, sincere and unblemished service throughout his career, to the satisfaction of his superior officers and was also given additional responsibility by posting him to the post of Managing Director, TANSILK, Kancheepuram, vide proceedings dated 31.5.2014, issued by the respondent. According to the petitioner, he has attained the age of superannuation and also retired on 30.1.2015, and though he was fully qualified for further promotion to the post of Joint Director of Sericulture on the crucial date for preparation of panel for promotion to the said post, and his name was also included in such a panel on 15.4.

2014 - the crucial date, due to administrative delay and reasons, which are not attributed to the petitioner, the said panel was not approved by the Government and consequently, he has retired without getting promotion. https://hcservices.ecourts.gov.in/hcservices/ 3.The grievance expressed by the petitioner, is that after his retirement, his junior viz. Thiru M.

the panel for promotion and in this regard, he has submitted a representation dated 16.3.2015, to the respondent praying for giving notional seniority and promotion on par with his junior M.Anbalagan, in terms of Fundamental Rule 27 Rule 17 and G.O.Ms.No.203, Personnel and Administrative Reforms (S) Department, dated 30.10.2000, and G.O.Ms.No.120 of the same Department dated 6.7.2001, and since no response is forthcoming, came forward to file this writ petition. 4.Heard the submissions of the learned Counsel appearing fro the petitioner, and Mr.V.Subbiah, learned Special Government Pleader, who accepted notice on behalf of the respondent. 5.

This Court, taking into consideration the limited scope of prayer sought for by the petitioner, and without going into the merits of the same, directs the respondent to consider the petitioner's representation dated 16.3.2015, in accordance with law, after putting on notice, Mr.M.Anbalagan, and pass orders within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to Mr.M.Anbalagan. The writ petition is disposed of accordingly. No costs.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To:

The Director of Sericulture Anaimedu, Salem-1 +1 cc to Mr.Mukund R.Pandiyan, Advocate, sr.39623 +1 cc to Government Pleader, sr.39934.

W.P.No.23487 of 2015 svi(co) kra(14/08) https://hcservices.ecourts.gov.in/hcservices/