M.Sundarrajan v. The Secretary To Govt Rural

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 11.09.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.28767/2015 M.Sundarrajan ..

Petitioner

Versus

1.The Secretary to Government Rural Development & Panchayat Raj [E2] Department, Fort St George Chennai-9.

2.The Director of Rural Development & Panchayat Raj Dept., Panagal Building Saidapet, Chennai-15.

..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the respondents to grant consequential relief of promotion to the petitioner based on the exoneration of the charges issued by the Government in G.O.[D] No.311, Rural Development & Panchayat Raj [E2] Department, dated 09.06.2015 in the light of the representation made by the petitioner dated 31.07.2015 within a reasonable time.

For Petitioner : Mr.M.Muthappan For Respondents : Mr.V.Subbiah, Spl.GP

O R D E R

By consent, the writ petition is taken up for final disposal. The petitioner while working as Junior Assistant in the services of Vridhachalam Panchayat Union, was served with proceedings in the form of Charge Memo dated 05.05.2007, which ultimately, culmiated into the punishment of postponement of increment for a period of one year without cumulative effect besides recovery of Rs.10,000/- from the petitioner at the rate of Rs.500/- per month in 20 instalments, vide order dated 20.03.2009 and challenging the same, the petitioner filed WP.No.8782/2009 and this Court, vide order dated 23.02.2015, has quashed the punishment. The 1st respondent has also implemented the said order in G.O.[D] No.311 dated 09.06.2015. The grievance now expressed by the petitioner is that on account of the pendency of the disciplinary proceedings, he was not given promotion. He also prays for revision of seniority. In this regard, the https://hcservices.ecourts.gov.in/hcservices/

petitioner has submitted a representation on 31.07.2015 to the respondents and though it was received and acknowledged, the petitioner is yet to be favoured with any response and hence, he came forward to file this writ petition.

Heard the learned counsel for the petitioner and Mr.V.Subbiah, learned Special Government Pleader who accepts notice on behalf of the respondents.

Though the petitioner has sought for a larger relief, this Court, in the light of the above facts and circumstances, directs the respondents 1 and 2 to consider and dispose of the petitioner's representation dated 31.07.2015 on merits and in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.

The writ petition is disposed of accordingly. No costs. -s/dAssistant Registrar(CSII) dt:29/9/2015 True Copy Sub-Assistant Registrar AP To 1.The Secretary to Government Rural Development & Panchayat Raj [E2] Department, Fort St George Chennai-9.

2.The Director of Rural Development & Panchayat Raj Dept., Panagal Building Saidapet, Chennai-15.

+1 cc to Government Pleader sr.50256 +1 cc to Mr.M.Muthappan Advocate sr.50112 W.P.No.28767/2015 aa1/10/2015 https://hcservices.ecourts.gov.in/hcservices/