Mr.K.Manickam v. The Executive Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No. 33047 of 2016 Mr. K. Manickam ... Petitioner Vs.

1. The Executive Officer, Town Panchayat, Denkanikkottai, Denkanikkottai Taluk, Krishnagiri District.

2. Mr. R. Devaraj ... Respondents Prayer: Writ Petition filed Under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 06.05.2016 and to cancel the promotion of R. Devaraj as record clerk in Denkanikkottai Town Panchayat, Krishnagiri District and depromote him as Sweeper. For Petitioner : Mr. P. Saravanan For Respondents : Mr. L.S.M. Hasan Fizal for R1 Mr. K.N. B. Shasi for R2

O R D E R

The relief sought for in the present writ petition is to direct the respondent to consider the representation dated 06.05.2016 submitted by the writ petitioner. The said representation submitted by the writ petitioner reveals that one Mr. Devaraj/second respondent was promoted in violation of the rules.

2. The petitioner states that several complaints are pending against the second respondent and in spite of the allegation, he was promoted. Therefore, he made a submission to cancel the promotion granted to the second respondent. It is needless to state that the promotions are to be granted strictly in accordance with the Rules in force.

3. In the present case, the petitioner states that the second respondent was promoted despite the fact that compliance and charges were pending against him. Therefore, the first respondent has to verify the correctness of the promotions granted to the second respondent and if the promotions are granted illegally and in violation of the Rules, then all appropriate actions are to be initiated.

4. With these directions, the writ petition stands disposed of. No costs.

18.10.2022 mrn Index : Yes / No Speaking order / Non-Speaking order To

1. The Executive Officer, Town Panchayat, Denkanikkottai, Denkanikkottai Taluk, Krishnagiri District.

S.M.SUBRAMANIAM, J.

mrn W.P.No. 33047 of 2016 18.10.2022