Madras High CourtWP/2541/2018disposed of

P.S.Murugavel, v. The State Of Tamil Nadu,

2018-02-06Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.2541 of 2018 P.S. Murugavel .... Petitioner vs

1. The State of Tamil Nadu, rep by its Principal Secretary to Government, Highways Department, Secretariat, Fort St. George, Chennai - 600 009

2. The Director General of Highways Department, Guindy, Chennai - 600 025 .... Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to pass orders on the representation submitted by the petitioner dated 30.01.2014 and to grant promotion to the petitioner to the post of Junior Draughting Officer and other higher post on par with his junior V. Ramachandran by arriving seniority as per Memo No.33144/F3/81-1 dated 22.04.1981 issued by Chief Engineer (Highways and Rural Works, Chennai 5) with all consequential and other attendant benefits.

For Petitioner : Mr.G. Sankaran For respondents : Mr.R.S.Selvam Govt. Advocate

ORDER

The petitioner has again come to this Court, seeking for issuance of a Writ of Mandamus directing the respondents to consider his representation dated 30.01.2014. A similar representation made by the petitioner was rejected by the second respondent on 18.7.2017, citing a reason that the petitioner's writ petition in W.P.No.999 of 2012, seeking a direction to issue a writ of Mandamus directing the respondents to consider his representation dated 07.10.2010 to fix appropriate seniority in the seniority list of Junior Draughtsman with reference to https://hcservices.ecourts.gov.in/hcservices/

the original seniority in the feeder category of Assistant Draughtsman within a stipulated time, is pending before this Court.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

3. A perusal of the order dated 18.7.2017 passed by the second respondent shows that the representation of the petitioner could not be considered, as the W.P.No.999 of 2012 filed for the above said relief was pending. However, after the order dated 18.7.2017, the petitioner has withdrawn the said writ petition on 25.01.2018 only to facilitate the respondents to consider the petitioner's representation. Therefore, the representation of the petitioner dated 30.01.2014 shall be considered on merits. Accordingly, the respondents are directed to consider the representation of the petitioner dated 30.01.2014 and pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar sr To

1. The Principal Secretary to Government, State of Tamil Nadu, Highways Department, Secretariat, Fort St. George, Chennai - 600 009

2. The Director General of Highways Department, Guindy, Chennai - 600 025 +1cc to Mr.G.Sankaran, Advocate, S.R.No.9158 +1cc to the Government Pleader, S.R.No.9706 W.P.No.2541 of 2018 RRK(12/02/2018) https://hcservices.ecourts.gov.in/hcservices/