M.Chandirasekaran, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13-06-2016 Coram THE HON'BLE MR. JUSTICE B. RAJENDRAN Writ Petition No.19760 of 2016 M.Chandrasekaran .. Petitioner Vs.
1.The Commissioner Salem Municipal Corporation Salem.
2.The Commissioner of Municipal Administration Ezhilagam Chepauk Chennai.
3.The Additional Director of Municipal Administration Ezhilagam Chepauk Chennai.
.. Respondents Writ Petition filed under Article 226 of the constitution of India to issue a Writ of Mandamus, to direct the respondents to promote the petitioner to the post of Revenue Inspector (Special) from the post of Tax Collector by following the G.O.Ms.No.140, dated 27.05.1997 and by considering the petitioner's representation, dated 03.12.2014. For Petitioner :
Mr.B.K.Kumaresan For Respondents:
Mr.A.Kumar Special Government Pleader
O R D E R
By consent, the Writ Petition is taken up and disposed of at the admission stage itself.
2. This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents to promote the petitioner to the post of Revenue Inspector (Special) from the post of Tax Collector in the light of the G.O.Ms.No.140, dated 27.05.1997,
by considering the petitioner's representation, dated 03.12.2014.
3. The petitioner entered into service as a Tax Collector in the 1st respondent Municipal Corporation, on 05.12.1991. The Government has issued G.O.Ms.No.140 Municipal Administration and Water Supply Department, dated 27.05.1997, clarifying the position for considering promotion of Tax Collector to the post of Special Revenue Inspector. The grievance of the petitioner is that so far, he has not been promoted to the post of Revenue Inspector (Special), inspite of his eligibility and seniority. The petitioner has given a representation to the 3rd respondent, on 03.12.2014, to promote him to the post of Revenue Inspector (Special). But, till date, there was no response and hence, he has filed the present Writ Petition.
4. Mr.B.K.Kumaresan, the learned counsel for the petitioner would submit that the petitioner would be satisfied, if his representation, dated 03.12.2014, is directed to be considered by the 3rd respondent and appropriate orders are passed, in the light of the G.O.Ms.No.140 Municipal Administration and Water Supply Department, dated 27.05.1997.
5. Mr.A.Kumar, the learned Special Government Pleader, who takes notice on behalf of the respondents, has got no serious objection in directing the 3rd respondent to consider the representation of the petitioner and pass appropriate orders, on merits and in accordance with law.
6. Considering the above submissions, this Court, without going into the merits of the claim made by the petitioner, directs the 3rd respondent to consider the representation of the petitioner, dated 03.12.2014, and pass appropriate orders, on merits and in accordance with law, in the light of the G.O.Ms.No.140 Municipal Administration and Water Supply Department, dated 27.05.1997, as expeditiously as possible. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner.
7. The Writ Petition is disposed of accordingly. No costs. -s/dAssistant Registrar(J) True Copy Sub-Assistant Registrar paa
To 1.The Commissioner Salem Municipal Corporation Salem.
2.The Commissioner of Municipal Administration Ezhilagam Chepauk Chennai.
3.The Additional Director of Municipal Administration Ezhilagam Chepauk Chennai.
+1 cc to Mr.E.K.Kumaresan Advocate sr.19760 W.P.No.19760 of 2016 gjII(co) aa01/07/2016