S S Praveen Kumar v. Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.07.2021
CORAM:
THE HONOURABLE Mr. JUSTICE S.S.SUNDAR Writ Petition No.13728 of 2021 and W.M.P.No.14574 of 2021 S.S.Praveen Kumar S/o.Sarangan .. Petitioner Vs 1.Government of Tamil Nadu, represented by Principal Secretary to Government, Micro, Small and Medium Enterprises Department, Secretariat, Chennai - 600 009.
2.The Industries Commissioner/ Director of Industries & Commerce, SIDCO Corporate Office Building, Guindy, Chennai - 600032.
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records on the file of the first respondent pertaining to G.O (4D) No.05, Micro, Small and Medium Enterprises [E1(1)] Department dated 24.10.2020 and quash the same only to the limited extent of denial of pay arrears and direct the respondents to grant all consequential benefits to the petitioner's empanelment and promotion as Assistant Director, Industries and Commerce (Survey & Statistics) as ordered in the said Government Order and accordingly disburse monetary benefits of arrears of pay consequent on the pay fixation in the said post with effect from 03.06.
2008 to the petitioner herein and to include his name in the panel for promotion as Deputy Director (Survey & Statistics) for the year 2012-13 in the appropriate place in G.O 4(D) No.21, Micro, Small and Medium Enterprises Department dated 13.06.2013 and to grant him notional promotion to the post of Deputy Director (Survey & Statistics) with retrospective effect from the date of such promotion of the panelist and to grant all consequential benefits including revision of retirement and pensionary benefits, within a limited time frame.
For Petitioner : Mr.M.Ravi For Respondents : Mr.C.Kathiravan Government Advocate [R1] O R D E R With the consent of both parties, this matter is taken up for final disposal at the admission stage itself.
2. Though the prayer in the Writ Petition is to issue a positive direction to the respondent, learned counsel appearing for the petitioner submits that the petitioner will be satisfied if a direction is issued to the first respondent to consider the representation of the petitioner dated 11.11.2020 and reminder representations dated 10.12.2020, 23.01.2021 and 23.02.2021 and to pass appropriate orders on merits within a time stipulated by this Court.
3. Having regard to the limited scope of the prayer that is now sought before this Court by the learned counsel appearing for the petitioner, without expressing any opinion on the merits of the petitioner's representations, this Court disposes of the Writ Petition with a direction to the first respondent to consider the petitioner's representation dated 11.11.2020 and reminder representations dated 10.12.2020, 23.01.2021 and 23.02.2021 and dispose of the same on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.
With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar gm To 1.The Principal Secretary to Government, Micro, Small and Medium Enterprises Department, Secretariat, Chennai - 600 009.
2.The Industries Commissioner/ Director of Industries & Commerce, SIDCO Corporate Office Building, Guindy, Chennai - 600032.
+1cc to the Government Pleader, S.R.No.31199 Writ Petition No.13728 of 2021 PMK(CO) CB(23/07/2021)