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Madras High CourtWP/15367/2021disposed of

E.Bathiah v. The Secretary To Government,

2021-07-26Honourable Mr Justice S.S. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P. No. 15367 of 2021 E.Bathiah .. Petitioner

Versus

1.The Secretary to Government, Industries Department, Secretariat, Chennai - 9.

2.The Managing Director, State Industries Promotion Corporation of Tamil Nadu Limited, No.19-A, Rukmani Lakshmipathy Road, Post Box No.72234, Egmore, Chennai - 600 008.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the second respondent herein to dispose of petitioner's representation dated 01.10.2019 requesting to promote the petitioner to the post of Deputy General Manager with retrospective effect from the date on which his junior Sri.S.P.Meyyapan was promoted and pay the salary, arrears and with all attendant seniority benefits, in pursuance of order of the Hon'ble Division Bench of the Hon'ble High Court made in W.A. No.715 of 2016 dated 20.06.2016 and order dated 28.06.2016 made in W.P. No.13779/2016, within a time frame as stipulated by this Hon'ble Court.

For Petitioner : Mr. M.Kempraj For Respondents : Mr. C.Kathiravan Government Advocate *** O R D E R Mr. C.Kathiravan, learned Government Advocate, takes notice for the respondents. With the consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

2. This writ petition is filed for issuance of a writ of mandamus directing the second respondent herein to dispose of petitioner's representation dated 01.10.2019 requesting to promote the petitioner to the post of Deputy General Manager https://hcservices.ecourts.gov.in/hcservices/

with retrospective effect from the date on which his junior Sri.S.P.Meyyapan, was promoted and pay the salary, arrears and all attendant seniority benefits, in pursuance of order of the Division Bench of the Court made in W.A. No.715 of 2016 dated 20.06.2016 and order dated 28.06.2016 made in W.P. No.13779 of 2016, within a time stipulated by this Court.

3. Learned counsel appearing for the petitioner states that the petitioner will be satisfied if a direction is issued to the second respondent to consider and pass orders on the petitioner's representation dated 01.10.2019, within a time stipulated by this Court.

4. Having regard to the limited scope of prayer that is now sought before this Court by the learned counsel for the petitioner, without expressing any opinion on the merits of the petitioner's representation or the case pleaded before this Court, this writ petition is disposed of with a direction to the second respondent to consider the petitioner's representation dated 01.10.2019, and dispose of the same on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar bkn To 1.The Secretary to Government, Industries Department, Secretariat, Chennai - 9.

2.The Managing Director, State Industries Promotion Corporation of Tamil Nadu Limited, No.19-A, Rukmani Lakshmipathy Road, Post Box No.72234, Egmore, Chennai - 600 008.

+2ccs to Mr. M.Kempraj, Advocate SR.No. 35516 +1 cc to Government Pleader Sr.No. 36256 W.P. No. 15367 of 2021 SMI(CO) A.SK(19.08.2021) https://hcservices.ecourts.gov.in/hcservices/