Madras High CourtWP/17025/2017disposed of

S.Shyamala v. The Principal Secretary To

2017-07-05Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.17025 of 2017 S. Shyamala ..Petitioner Vs.

1.The Principal Secretary to Government, Home (Tr.IV) Department, Fort St. George, Chennai-9.

2.The Principal Secretary/ Transport Commissioner, Chepauk, Chennai-600 005.

.. Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of MANDAMUS, directing the first respondent herein to consider and pass orders on the petitioner's representations dated 14.03.2016 and 22.05.2017 given for declaration of probation with retrospective effect and for promotion as Assistant and Superintendent from the date of promotion of immediate junior in relaxation of Rules as done in G.O.Ms.766, Home (Tr.IV) Department, dated 13.10.2014 and G.O.Ms.80, Home (Tr.IV) Department, dated 20.01.2017, within a stipulated time. For Petitioner : Mr.Ravi Shanmugam.

For Respondents : Mr.S. Gunasekaran, Additional Government Pleader

O R D E R

Heard Mr.Ravi Shanmugam, learned counsel appearing for the petitioner and Mr.S.Gunasekaran, learned Additional Government Pleader appearing for the respondents. With the consent of the learned counsel appearing on either side, the Writ Petition is taken up for final disposal at the admission stage. 2.The grievance of the writ petitioner is that there is an administrative delay in sponsoring the writ petitioner to undergo Bhavani Sagar Training, which is mandatory for declaration of probation and for granting further promotions. https://hcservices.ecourts.gov.in/hcservices/

3.The sole contention of the writ petitioner is that he is not at fault and due to the administrative delay caused on behalf of the respondents he cannot made to suffer. With this grievance, the present Writ Petition is moved and the learned counsel appearing for the writ petitioner contended that it is suffice that the representation submitted by the writ petitioner is directed to be considered. In view of the restricted prayer sought for, this Court is inclined to consider the arguments advanced by the learned counsel for the writ petitioner.

4. Accordingly, the first respondent is directed to consider the representations submitted by the writ petitioner on 14.3.2016 and 22.5.2017 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioner is directed to submit copies of the representations dated 14.03.2016 and 22.05.2017, along with the copy of the order passed today in this writ petition to the first respondent. The Writ Petition stands disposed of accordingly. However, no order as to costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ah/rpa To 1.The Principal Secretary to Government, Home (Tr.IV) Department, Fort St. George, Chennai-9.

2.The Principal Secretary/ Transport Commissioner, Chepauk, Chennai-600 005.

+1 cc to Mr.Ravi Shanmugam Advocate sr 46772 +1 cc to Government Pleader sr 48129 W.P.No.17025 of 2017 kgk(co) aa25/07/2017 https://hcservices.ecourts.gov.in/hcservices/