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Madras High CourtWP/24053/2015disposed of

K.Rajesh, v. The Registrar,

2015-08-06Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Writ Petition No.24053 of 2015 and M.P.No.1 of 2015 K.Rajesh ... Petitioner Vs.

The Registrar, Annamalai University, Annamalai Nagar - 608 002 Chidambaram, Cuddalore District ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to give effect to Order No.544/2011 (C2) on the file of the respondent herein, dated 30.06.2011, by promoting the petitioner as Assistant Engineer, w.e.f. 01.07.2011 and to grant all monetary benefits within the time frame as may be stipulated by this Court. For Petitioner :

Mr. M.R.Sivakumar For Respondent :

Mr. R.Suresh Kumar

O R D E R

Admit. Mr. R.Suresh Kumar, learned Standing Counsel, takes notice for the respondent. By consent of the learned counsel for both sides, the writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner would state that he was appointed as Helper in the services of the respondent / University with effect from 09.07.1997 and was promoted as Technical Assistant on 01.07.2001 and got further promotion as Junior Engineer with effect from 01.07.2007. The petitioner, at the time of joining the services of the respondent / University, was a Diploma holder and subsequently, passed the degree of Bachelor of Engineering (B.E.).

3. The claim of the petitioner is that, on account of his services and educational qualification, he should have been promoted as Assistant Engineer, during the year 2011 itself, but, however, he was not given such promotion.

Therefore, he submitted a representation, seeking such relief and the respondent herein, vide Order, dated 30.06.2011, has promoted the petitioner, as Deemed Assistant Engineer, considering as one time personal promotion, by taking into account his total services in the Pay Band of Rs.9,300https://hcservices.ecourts.gov.in/hcservices/

34,800 + Grade Pay of Rs.4,700/- with admissible allowances, with effect from 01.07.2011.

4. The grievance expressed by the petitioner is that, the said order has not been given effect to and in this regard, he submitted a representation, dated 01.04.2013, followed by a reminder, dated 20.11.2014. Since no orders have been passed in the said representations, the petitioner has come forward to file this writ petition.

5. Though the petitioner prayed for the larger relief, this Court, without going into the merits of the claim made by the petitioner, permits the petitioner to submit another representation to the respondent, by enclosing a copy of this order as well as the copy of the earlier representations sent by him, within a period of two weeks from the date of receipt of a copy of this order. The respondent, on receipt of the same, is directed to consider and pass orders on the fresh representation to be submitted by the petitioner, in accordance with law, within a period of six weeks thereafter, and communicate the decision taken to the petitioner.

6. This writ petition is disposed of accordingly. No costs. Consequently, the connected MP is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar srk To

1. The Registrar, Annamalai University, Annamalai Nagar - 608 002 Chidambaram, Cuddalore District.

+ 1cc to Mr.M.R. Sivakumar, Advocate Sr.41462 W.P.No.24053 of 2015 & M.P.No.1 of 2015 EU 20.08.15 https://hcservices.ecourts.gov.in/hcservices/