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Madras High CourtWP/2641/2017disposed of

S.Gunasekaran v. The Managing Director,

2017-02-03Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.2641/2017 S.Gunasekaran .. Petitioner .Vs.

1.The Managing Director, 2.The General Manager, Chennai-600 002. ..

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st respondent to consider the representation of the Petitioner dated 24.12.2016 seeking to fill in the vacancies in the Post of Assistant Executive Engineer.

For Petitioner :

Mr.R.Ramachandran For Respondents :

Mr.R.A.S.Senthilvel, AGP

ORDER

By consent, the writ petition is taken up for final disposal. Mr.R.A.S.Senthilvel, learned Additional Government Pleader accepts notice on behalf of the respondents. The petitioner joined the services of the respondents / Corporation as Technical Assistant on 16.08.1985 and got his promotion as Junior Engineer on 21.11.2007 and further promotion as Assistant Engineer on 27.02.2013. The grievance expressed by him is that despite vacancies available

in the post of Assistant Executive Engineer [Civi], his claim for promotion to the said post, is yet to be considered and in this regard, he has submitted a representation dated 24.12.2016 to the 1st respondent and it was received and acknowledged on 02.01.2017 and since no orders have been passed, the petitioner came forward to file the present writ petition. Heard the learned counsel appearing for the petitioner and Mr.R.A.S.Senthilvel, learned Additional Government Pleader appearing for the respondents, who would submit that the petitioner, as a matter of right, cannot seek for promotion and subject to fulfillment of norms, has got a right to be considered for promotion and prays for time to get instructions.

This Court has considered the rival submissions and also perused the materials placed before it. Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner either in his representation or in this writ petition, directs the 1st respondent to consider and dispose of the petitioner's representation dated 24.12.2016 on merits and in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. The writ petition stands disposed of with the above direction. No costs.

sd/ Assistant Registrar(J) /true copy/ Sub Assistant Registrar AP To 1.The Managing Director,

2.The General Manager, +1cc to Mr.R.A.S.Senthilvel, Advocate SR.No.7190 +1cc to Mr.R.Ramachandran, Advocate SR.No.7044 W.P.No.2641/2017 RK(CO) GN(15/02/2017)