K. Manickavelu, v. The Administrative

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14-08-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.25290 OF 2015 K.Manickavelu ... Petitioner -vs1. The Administrative Commissioner, Tamil Nadu Water Supply and Drainage Board, Chennai-600 005.

2. The Municipal Commissioner, Nagapattinam Municipality, Nagapattinam -611 001.

... Respondents Writ Petition has been filed praying for issuance of a writ of mandamus, directing the second respondent to appoint the petitioner as Driver in the second respondent Municipality as per combined seniority list for the post of Drivers (Heavy Vehicle) by letter, dated 06.02.2012, in Na.Ka.No.114/H/2012, and letter, dated 10.05.2012, made in O.M.No.114/2012 to the vacant post of Driver, now vacant due to the retirement of Mr.Balasubramaniam, in the second respondent Municipality.

For petitioner : Mr.T.Dhanasekaran For respondent 1 : Mr.K.Rajendra Prasad, Government Advocate.

For respondent 2 : Mr.K.Karthikeyan, Government Advocate.

O R D E R

By consent, the Writ Petition is taken up for disposal.

2. The petitioner would state that he has completed 10th Standard and presently employed as Overhead Tank Watchman in the services of the second respondent. He would further state that one Balasubramaniam, who was employed as Driver, retired on 31.07.2015, https://hcservices.ecourts.gov.in/hcservices/

and since he is the seniormost in the combined seniority list for the post of drivers, he is entitled to be considered for the said post, and, in this regard, he has also submitted a representation, dated 06.08.2015, to the second respondent, and, since no orders came to be passed, he has come forward to file this Writ Petition.

3. Heard the submissions of Mr.T.Dhanasekaran, learned counsel for the petitioner; Mr.K.Rajendra Prasad, learned Government Advocate, who accepted notice on behalf of the first respondent; and Mr.K.Karthikeyan, learned Government Advocate, for the second respondent.

4. Though the petitioner has prayed for a larger relief, this Court, without going into the merits of the claim projected by the petitioner, directs the second respondent to consider and dispose of the petitioner's representation, dated 06.08.2015, in accordance with law, after putting the petitioner and the persons concerned on notice, and pass orders within a period of four weeks from the date of receipt of a copy of this order, and communicate the decision taken, to the petitoiner as well as the persons concerned.

5. Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar dixit To

1. The Administrative Commissioner, Tamil Nadu Water Supply and Drainage Board, Chennai-600 005.

2. The Municipal Commissioner, Nagapattinam Municipality, Nagapattinam -611 001.

+1cc to the Government Pleader, S.R.No.43281 W.P.No.25290 of 2015 BVR(CO) CA(31/08/2015) https://hcservices.ecourts.gov.in/hcservices/