T.Sundarrajan, v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.02.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.2429 of 2018 T.Sundarrajan ..
Petitioner -vs1. Government of Tamil Nadu rep by its Secretary Revenue Department Fort St. George Chennai 600 009
2. The Director Survey and Settlement Directorate Chepauk Chennai 600 005
3. The Secretary Tamil Nadu Public Service Commission Chennai 600 003 ..
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, to direct the respondents particularly the first respondent to consider the representation dated 02.01.2017 of the petitioner which was forwarded by the second respondent in his proceedings in Na.Ka. R2/46552/2014 (Ni.Aa) dated 09.05.2017 for conferment of promotion to the petitioner to the post of Joint Director or Administrative Officer within a period that may be specified by this Hon'ble Court.
For Petitioner :: Mr.P.Ganesan For Respondents:: Mr.R.S.Selvam Government Advocate for R1 & 2 Mr.M.Loganathan Standing Counsel for R3
ORDER
The grievance of the petitioner is that he is eligible for getting promotion for the post of Joint Director
(Administration) on par with his juniors. Since his immediate junior Ms.S.K.Fathima, who was also due for retirement on 31.1.2018, was considered for promotion to the post of Joint Director (Administration) temporarily, the same treatment be given to the petitioner also. If the recommendation made by the Director of Survey and Settlement, Chennai, the second respondent herein to confer the notional transfer of the petitioner's service in the cadre of Assistant from the date of passing the departmental test on 1.6.88 is implemented, he would become eligible for being promoted to the post of Joint Director (Administration) on par with his juniors. In this regard, when the petitioner gave his detailed representation dated 2.1.2017, he same was also accepted and a proposal also has been sent on 9.5.2017 by the second respondent. But the said file is not moving any further. Since the petitioner is going to retire from service on 31.3.2018, if a direction is given, he may be able to get an early order.
2. The learned Government Advocate, taking notice on behalf of the respondents 1 & 2, sought four weeks time to consider the pending representation of the petitioner.
3. Since the proposal has already been sent by the second respondent on 9.5.2017, the first respondent is hereby directed to consider the pending representation of the petitioner on merits and pass appropriate orders in accordance with law, within a period of three weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. Consequently, W.M.P.No.2944 of 2018 is closed. No costs.
Sd/- Asst.Registrar (CS IX) /true copy/ Sub Asst. Registrar ss To
1. The Secretary to Government Revenue Department Fort St. George Chennai 600 009
2. The Director Survey and Settlement Directorate Chepauk Chennai 600 005
3. The Secretary Tamil Nadu Public Service Commission Chennai 600 003 + 1 cc to Mr.M.Loganathan Advocate,SR.8286 + 1 cc to Mr.P.Ganesan Advocate,SR.8192 + 1 cc to The Govt.Pleader, SR.9014 W.P.No.2429 of 2018 ppa(co) nr 27/02/2018